Ouko committee proposes competitive recruitment of President’s JSC nominees
Auditor-General Edward Ouko. PHOTO | FILE
A committee established to audit the Constitution has proposed competitive recruitment for two Judicial Service Commission (JSC) appointees currently picked by the President in what will further weaken the Executive’s sway on the Judiciary.
The team led by Auditor-General Edward Ouko says that competitive recruitment will ensure the two represent the public and not Executive interests.
The JSC Act allows the President to make two appointments of public representatives in the top decision-making organ of the Judiciary that among others picks the Chief Justice, deputy Chief Justice and Supreme Court judges.
“To ensure that the ‘public representatives’ articulate the interests of the public rather than the Executive, the representatives should be appointed through a competitive process, preferably through a panel set up for such recruitment,” the committee says in its final report released last week.
The JSC has 11 members including the CJ, one judge each drawn from the Supreme Court, Court of Appeal and High Court, a magistrate, the Attorney-General, two Law Society of Kenya members, a Public Service Commission representative, the two public representatives and the Judiciary Chief Registrar.
Ms Winnie Guchu and Mr Kipngetich arap Korir are the current public representatives who were appointed by President Uhuru Kenyatta last year. If implemented, Mr Ouko’s recommendation will further remove the Executive’s hand from the top decisions in the Judiciary.
An attempt to introduce amendments to the law to have the President hand-pick the CJ and deputy CJ from a list of three JSC nominees was earlier this year thwarted by the High Court which declared the move illegal.
A five-judge Bench ruled that the appointment of the top judges remains the sole mandate of the JSC, arguing that the amendment would take Kenya back to patronage appointments.
The JSC has since 2011 held exclusive powers of recommending to the President the single individual to be appointed as the head of the Judiciary.
The Ouko team adds that the membership of the JSC should be expanded to accommodate the interests of Judiciary administrative workers who are currently not represented. The workers comprise 80 per cent of Judiciary staff and provide the core services.
“For purposes of promoting good governance and inclusive practices in the Judiciary, there is need to include staff representatives in the JSC,” the report notes.
“The numeric size and services they provide make it important for their inclusion in decision making processes on the running of the Judiciary.”
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