.ACTIVIST CHALLENGES DECISION BY JSC BARRING JUDICIAL OFFICERS FROM APPLYING FOR THE SENIOR AND CHIEF MAGISTRATES POSITIONS.
Kenya Magistrates and Judges Association secretary general Kibera law court Principal Magistrate Eric Khaemba and her Milimani law court counterpart Resident Magistrate Miriam Mugure outside Supreme Court upheld a decision by the Court of Appeal on December 20, 2014.
BY SAM ALFAN.
A political activist has moved to court to challenge the decision of the Judicial Service commission from barring their officers from applying for the position of Chief and Senior Magistrates.
The petitioner Eric Barare Orina wants the court to issue an order halting the recruitment as contained in advertisement dated 30 January 2015.
He says that a constitutional issue has risen as to whether the JSC can lawfully block serving and qualified magistrates from applying for the positions.
” There is apprehension that if the said recruitment process is not stopped then qualified and serving magistrates will be barred from applying for those positions to their extreme prejudice” he says.
The applicant through his lawyer Danstan Omari told Justice Weldon Korir, that the court should issue a conservatory order suspending the intended interviews and recruitment of any person to the said
positions until the matter is heard determined.
The applications for the interviews are supposed to be received by 20 February 2015.
The lawyer told the judge that JSC will recruit 6 Chief Magistrate and 60 senior magistrates according to the advertisement.
Mr Omari submitted that the commission has acted in bad faith in denying its employees an opportunity to progress, saying that it’s against spirit of the constitution.
He sought an order to quash the decision of JSC and it be prohibited from carrying out the exercise until the case is heard.
Justice Korir certified the application urgent and directed the same be served upon the respondent and the matter be heard inter parties on 20 February 2015.