The Judiciary service commission (JSC) has declined the position to subject Justice Warsame to parliamentary vetting terming it as unconstitutional.
In a letter signed by Anne Amadi, the registrar subjecting justice Warsame to vetting by parliament would undermine the the Independence of the judiciary.
The Judiciary Service Act of 2011 the representative too the JSC must be a judge at the court of appeal. The name will be presented to the JSC three days after presidential confirmation, the Act does not require the nominee to be vetted by parliament.
Justice Warsame was reelected to represent the judges of the court of appeal by a majority .
The JSC act only subject persons that are appointed under article 171 of the constitution , one man and one woman who are not lawyers and appointed by the president and approved by parliament. Anne Amadi said that this does not apply to Justice Warsame.
Let kenyans read Article 171 of the constitution and see for themselves that parliament has NO role in vetting elected members of the JSC…wanton abuse of legislative power..this nonsense must stop @SpeakerJBMuturi @HonAdenDuale @lawsocietykenya @WehliyeMohamed @DonaldBKipkorir pic.twitter.com/ryhDC3duJD
— Ahmednasir Abdullahi SC (@ahmednasirlaw) March 22, 2018
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