House team barred from tabling JSC report

The High Court has stopped a House committee from proceeding with a petition seeking the removal of six Judicial Service Commission (JSC) commissioners pending hearing and determination of a case. Photo/FILE 

By GALGALLO FAYO

In Summary

• JSC moved to the High Court under certificate of urgency Wednesday accusing the Committee on Justice and Legal Affairs of bias and attempting to interfere with its work.
• The House team was also barred from making a report on the petition by Riungu Nicholas Mugambi seeking the removal of the commissioners.
• The commissioners are Ahmednassir Abdullahi, Christine Mango, Milly Ominde, Justice Smokin Wanjalla, Florence Mwangangi, Justice Mohamed Warsame and Samuel Kobia

The High Court has stopped a House committee from proceeding with a petition seeking the removal of six Judicial Service Commission (JSC) commissioners pending hearing and determination of a case.

JSC moved to the High Court under certificate of urgency Wednesday accusing the Committee on Justice and Legal Affairs of bias and attempting to interfere with its work.

“Pending the hearing and determination of this application inter parties, conservatory orders are issued directed at the National Assembly by itself or the departmental committee of Justice and Legal Affairs staying any further proceeding,” said Justice George Odunga.

The House team was also barred from making a report on the petition by Riungu Nicholas Mugambi seeking the removal of the commissioners. The committee was scheduled to present its report Thursday at the National Assembly.

“If the departmental committee proceeds to prepare a report for adoption by the National Assembly and a resolution is passed to present a petition to the President, the operations of the Judicial Service Commission will be paralysed and by extension the operations of the Judiciary,” says the JSC in court document.

The commissioners are Ahmednassir Abdullahi, Christine Mango, Milly Ominde, Justice Smokin Wanjalla, Florence Mwangangi, Justice Mohamed Warsame and Samuel Kobia.

READ: Ahmednasir unfit for public office, say petitioners

The commission argues such an action will trigger a constitutional crisis and that Mr Mugambi’s petition is an attempt to influence discharge of its mandate
 

The commission said that filling of the petition was triggered by failure to interfere with the disciplinary process against sacked Judiciary chief registrar Gladys Shollei.

The MPs summoned the JSC on October 17 over the petition. The commissioners through lawyer Paul Muite wrote back on October 24 requesting for two weeks to answer to the allegations. Mr Muite sought to appear before the MPs on October 25, but was turned away.