Why Makau Mutua was not shortlisted for CJ post
14 July 2016, 11:57
Nairobi - A Kenyan advocate has revealed the possible reason that could have made the Judicial Service Commission (JSC) to lock out Makau Mutua from the race to succeed former Chief Justice Willy Mutunga.
According to Jenifer Shamalla, Mutua did not make it to the list of the shortlisted candidates for the post after he refused to recognize Uhuru Kenyatta as the President of Kenya.
“Mutua should not have applied for the CJ post in the first place. You cannot have somebody who has refused to uphold the ruling of the Supreme Court of this country as CJ. If he said he doesn’t recognize Uhuru Kenyatta as the President of Kenya, then who was going to swear him in if he became the CJ?” Shamala posed.
Shamalla also hit back at a section of leaders and activists who have criticized JSC over the CJ recruitment process saying a public perception was created as to who should be the next CJ.
Read Also: 13 women shortlisted for the position of DCJ
“It is very wrong for critics to claim that there was rigging in this exercise because JSC is an independent institution. The process is always discriminatory by nature. It is not just about academic qualification or an 85-page CV. It is about your temperament, how you resonate with people and your entire makeup.
“Those who didn’t make it to the list may have failed to meet other requirements like giving their KRA, CID or HELB clearance certificates. So it is very wrong to jump and start making unsubstantiated allegations,” Shamalla noted.
Lawyers have also expressed their dissatisfaction in the manner in which the shortlisting was done saying JSC must explain the criteria that was used to lock out the other 8 candidates who had applied for the post.
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