The proposed law seeks to end a predicament where the Judicial Service Commission (JSC) can only shortlist and interview candidates after exit of the current CJ, a legal hitch that means the country must wait for months to fill the position.
The bill comes at a time the CJ David Maraga has already started his terminal leave ahead of his retirement on January 12, but the JSC is yet to start recruitment of his successor.
The search for a new Chief Justice(CJ) will be starting six months before the exit of the current office holder if Parliament approves a proposed law.
The proposed law seeks to end a predicament where the Judicial Service Commission (JSC) can only shortlist and interview candidates after exit of the current CJ, a legal hitch that means the country must wait for months to fill the position.
The bill comes at a time the CJ David Maraga has already started his terminal leave ahead of his retirement on January 12, but the JSC is yet to start recruitment of his successor.
“The principal purpose of the Bill is to amend section 30 of the Judicial Service Act… in order to insert a provision empowering the Judicial Service Commission to commence the process of recruitment of a new Chief Justice at least six months before the expected retirement date or expiry of the term of the Chief Justice,” reads the bill.
The bill sponsored by Kigumo MP Clement Kigano will be introduced before Parliament this morning at a special sitting.
Kenya lacks a substantive CJ. Justice Maraga’s deputy, Philomena Mwilu, who is facing an ouster petition due to claims of misconduct, is likely to be the acting CJ for an indefinite period.
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