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Court bars legislators from vetting Warsame for JSC

warsame

Justice Mohamed Warsame. FILE PHOTO | NMG

MPs may not have a chance to vet Justice Mohamed Warsame for his appointment to the Judicial Service Commission (JSC).

This is after the High Court on Monday issued a temporary order blocking Parliament from vetting the JSC nominee.

While issuing the directive, Justice Roselyn Aburili said the case, which had been filed by the Law Society of Kenya (LSK) on Friday raised serious questions on the constitutionality of the appointment of the Court of Appeal judge as a commissioner of JSC upon his election as the representative of the appellate court.

“Pending the hearing and determination of this case, a conservatory is hereby issued prohibiting the National Assembly from purporting to summon or vet Justice Warsame as a member of the JSC,” said the judge.

Earlier the Judiciary, through its Chief Registrar Anne Amadi had made it clear that Justice Warsame would not present himself before Parliament for vetting.

Justice Aburili also suspended a notice, which the Clerk of the National Assembly issued last week inviting the public to submit representations on Mr Warsame’s vetting.

The judge further directed the LSK to give copies of the case documents to the parties in the case before the matter comes for further directions on April 4 before Justice Enoch Chacha Mwita.

Through lawyer Suyianka Lempaa, the LSK sued the National Assembly and the Attorney- General. Justice Warsame, and the JSC, have been listed as interested parties in the case.