Justice Chacha Mwita has ruled that Justice Warsame should be facilitated into his office as representative of the Judicial Service Commission (JSC) by Chief Justice Maraga.
The court found that section 40(1) of the JSC Act does not require oath of office for someone serving a second term. Justice Mwita also said that the term of Justice Warsame would start immediately.
The High court also ruled tha President Uhuru Kenyatta breached the constitution for failing to gazette Warsame’s name therefore causing him not to be sworn in.
On March 9, 2018, Justice Warsame was elected to JSC to represent appeal judges but is yet to take oath to assume the role.
Warsame’s JSC membership was a subject of a High Court matter after MPs insisted he has to be vetted.
On July 6, Justice Chacha Mwita ruled that the judge is not subject for approval by Parliament through vetting.
He said the results of the elections conducted were final and that an appellate judge did not need any approval from any other body.
For close to seven months, the commission had conducted its business with the minimum number for a quorum, a situation that left no room for any member to miss a sitting.
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