Prof. Makau Mutua Moves to Court After JSC Fails to Shortlist Him for Chief Justice Post

Renowned US-based Kenyan attorney Prof. Makau Mutua has moved to court after the Judicial Service Commission (JSC) failed to shortlist him for the Chief Justice post.

In the petition filed alongside Katiba Institute, Prof. Mutua says he was among those who applied for the position but he was not shortlisted and wants JSC compelled to explain the criteria used to selected qualified candidates.

The petitioners further want the court to compel the commission to publicize marks scored by each CJ candidate during public interviews.

“That pending hearing and determination of this petition an injunctive order do and is hereby issued prohibiting the JSC from forwarding the names of the persons nominated for the recommendation for appointment to the position of the chief justice and judge of the supreme court to the president, unless and until the respondent provides the information sought in the petition,” the petition read.

“The reasons given by the JSC in arriving at its decision were arbitrary and insufficient contrary to Article 47 and constitution.” 

On Tuesday, the Appeals Court lifted an order issued by the High Court barring the recruitment of the Chief Justice, paving the way for JSC to nominate a candidate to the position that fell vacant following the retirement of David Maraga early this year.

JSC began interviewing Chief Justice hopefuls on April 12th and completed the exercise on April 23rd.

A total of 10 candidates were interviewed. They include Justice Said Chitembwe, Prof. Patricia Mbote, Justice Martha Koome, Justice Marete Njagi, Philip Murgor, Justice Nduma Nderi, Fred Ngatia, Justice William Ouko, Prof. Wekesa Moni, and Alice Yano.