The Court of Appeal has suspended orders issued by the High Court last week barring the Judicial Service Commission (JSC) from nominating retired Chief Justice David Maraga’s successor.
“The orders granted by the high court last week barring the continuation of the recruitment and appointment of the chief justice and is hereby stayed pending the hearing of this intended appeal,” a three-judge bench ruled citing public interest.
The orders blocking recruitment of the Supreme Court Judge have also been stayed by the Appellate court.
This means that the interviews that were scheduled to kick off on Monday, April 26, will continue although already two days behind.
The High Court issued the orders last Wednesday following a petition filed by Tolphin Nafula, Philip Muchiri Damaris Wakiuru and Memba Ocharo.
The petitioners argued that all the candidates shortlisted for the CJ position had not met minimum legal requirements for consideration.
The petitioners through their lawyers Danstan Omari and Prof. Elisha Ongoya, questioned among others, the candidates’ non-declaration of their wealth and that of their spouses.
They also questioned circumstances under which Prof. Olive Mugenda was installed as the interviewing panel’s chairperson.
In their court papers, the petitioners argued, ideally the Chief Justice, in this case, Philomena Mwilu, should have been the chairperson.
The latest development now gives JSC a go-ahead to nominate a suitable CJ from the 10 candidates interviewed.
They are lawyer Philip Murgor, Justice Said Chitembwe, Prof Patricia Mbote, Justice Martha Koome, Justice Marete Njagi, Justice Nduma Nderi, Justice William Ouko, Senior Counsel Fred Ngatia, Dr Wekesa Moni and Alice Yano.
Eight Candidates shortlisted to replace retired Supreme Court Judge Jackton Ojwang are Martha Koome, DK Njagi Marete, Kathurima M’inoti, Mathews Nderi Nduma, Lumumba Nyaberi, William Ouko, Joseph Kiplagat Sergon and Alice Jepkoech Yano.