The Judicial Service Commission (JSC) has extended the interview period for top judges by 10 days after the High Court compelled it to accommodate qualified applicants it had previously locked out.
Acting chairperson Margaret Kobia said the interviews which had been scheduled to end this Saturday would continue up to September 13.
“All the applicants for the position of Chief Justice, Deputy Chief Justice and Judge of the Supreme Court previously left out of the shortlist shall be scheduled for interviews. The interviews for applicants left outside the short list shall commence on the September 5,” she said.
The decision of the JSC came just hours after High Court judge George Odunga quashed the commission’s previous shortlist that left out legal scholar Prof Makau Mutua, former judge Aaron Gitonga Ringera and Supreme Court judge Jackton Boma Ojwang.
Others locked out include David Mwaure Waihiga, Daniel Waisiko Wambura, Lucy Wanja Julius and Paul Andrew Kongani Udoto Kongani.
“The decision of the Judicial Service Commission made vide press releases of 12th, 13th and 15th July, 2016 rejecting some of the names of the applicants in the commission’s shortlisting is hereby removed into this Court and is hereby quashed.”
Mr Justice Odunga ordered the JSC to reconsider the names of the applicants that were rejected and prohibited it from making any recommendations to the President on the persons to be appointed Chief Justice, deputy Chief Justice and judge of the Supreme Court until it complies with the court order.
“The decision of the commission to summarily reject applications pursuant to Regulation 13 of the First Schedule to the Judicial Service Act before the stage of interview was unsupported by the law and was tainted with procedural irregularity,” he ruled.
Fifty applicants sought the positions of Chief Justice, Deputy Chief Justice and Suprement Court Judge but only 37 candidates were shortlisted.
The JSC had already commenced their interview with Court of Appeal judge Alnashir Visram by the time the court delivered the ruling.
Mr Justice Visram told the JSC panel that if appointed CJ he would weed out corruption from the Judiciary as well as effect digitisation of court processes.
“On the second day after swearing in I will call a meeting of the Supreme Court judges with an aim of rebranding and restoring public confidence,” he said.
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