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Court stops JSC from blocking CJ candidates

29 August 2016, 17:07

Nairobi - The High Court on Monday directed the Judicial Service Commission to reconsider the names of those it failed to shortlist for the position of Chief Justice, Deputy Chief Justice and a judge of the Supreme Court for failing to supply supporting documents to their applications.

The Star reported that Judge George Odunga said the JSC acted illegally when it failed to shortlist applicants for not attaching clearance Certificates from the Kenya Revenue Authority, Higher Education Loans Board, the Credit Reference Bureau, the Directorate of Criminal Investigations, Law Society of Kenya and Advocates Complaints Commission to their applications.

By doing so, he said, the JSC abdicated its power to select the next Chief Justice, Deputy Chief Justice and a Supreme Court judge to the aforementioned authorities; an illegality.

“In my view, for the Commission to base its decision on the failure to submit documents not expressly required by the law and in effect to lock out those candidates who the legal instrument from which the Commission derives authority does not expressly lock out amounts to abdicating jurisdiction,” Odunga found.

Read alsoI will work with Raila again, Ababu now says

According to a different report by Capital News, Such discretion, he continued, could only be applied at the interview stage where the applicant would have the opportunity to either supply the documents for authentication or explain why they could not make them available to the Commission.

“An applicant may well be in a position at the time of the interview to explain his reasons for the failure to secure the same.”

Odunga found that the JSC also acted in a, “absurd,” fashion when it shortlisted candidates who applied for all or more than one of the three posts for only one, or fewer than all three positions for which they applied.

- News24


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