The High Court has issued orders stopping the Judicial Service Commission (JSC) from nominating the next Chief Justice and also conducting interviews for Supreme Court judge.
This follows a case filed by four people including Tolphin Nafula, Philip Muchiri Damaris Wakiuru and Memba Ocharo.
In their ruling, Justices Anthony Mrima, Reuben Nyakundi and Wilfrida Okwany however allowed JSC to complete the interviews for Chief Justice, but it would not be allowed to nominate the next CJ in the interim.
“We have considered the submissions and as at now there are three petitions challenging ongoing process of recruitment of Chief Justice. The petitions raise weighty issues. The constitutionality of the ongoing process has been challenged. The issues are novel,” the judges said.
This comes at a time JSC has already interviewed eight out of 10 candidates for the position of Chief Justice.
Those interviewed include lawyer Philip Murgor, Justice Said Chitembwe, Prof Patricia Mbote, Justice Martha Koome, Justice Marete Njagi, Justice Nduma Nderi, Justice William Ouko and Senior Counsel Fred Ngatia.
The remaining candidates include Dr Wekesa Moni and Alice Yano.
The Orders will take effect after the completion of interviews for the position of Chief Justice this Friday.
“There is ample time for the JSC to approach the court of appeal before the order issued by this court takes effect. We decline to issue interim stay,” he said.