Fate of Visram CJ interview hangs on court ruling Monday

Court of Appeal Judge Alnashir Visram will be interviewed on Monday. PHOTO | FILE 

By SANDRA CHAO-BLASTO, schao@ke.nationmedia.com

In Summary

• Justice George Odunga will on Monday determine whether the interviews continue or be terminated.

Efforts to recruit the next Chief Justice face a crucial test as the first candidate appears for interview today, just hours before a High Court ruling that could scuttle the whole process.

Court of Appeal Judge Alnashir Visram, one of the six short-listed applicants, appears before a Judicial Service Commission (JSC) panel on Monday, the same day that Justice George Odunga makes his ruling on the process.

“JSC would like to confirm that the short-listed candidates will be interviewed on the dates and time indicated,” JSC secretary and chief registrar Anne Amadi said in a notice.

Justice Visram is trying his luck for the second time, having been nominated by former President Mwai Kabaki to replace Justice Evan Gicheru in 2011 before being rejected by his grand coalition government partner, Raila Odinga.

High Court judge Mbogholi Msagha appears for the interviews Tuesday while Court of Appeal judge David Maraga has his day on Wednesday.

Mr Philip Kitonga will be interviewed on Thursday while the only female candidate on the shortlist, Court of Appeal judge Roselyn Nambuye, will appear before JSC on Friday.

READ: JSC shortlists 6 for CJ position interviews

Former JSC member and Supreme Court Judge Smoking Wanjala will be the last to face the interview panel on September 3.

Today, however, Justice Odunga is set to rule on a consolidated application seeking to halt recruitment of the Chief Justice, Deputy Chief Justice and a Supreme Court judge.

Trusted Society of Human Rights Alliance, Mr Arnold Magina, Mr Yash Pal Ghai and Mr Samwel Mohochi are challenging the process of recruiting top judges on grounds of lack of transparency.

JSC maintains that they have the sole discretion over the recruitment process and the case challenging it is an attempt to influence the system.

Justice Odunga’s ruling will determine whether the interviews will continue or be terminated.

The recruitment has been marred by a number of challenges. Attorney General Githu Muigai had earlier this month moved to the Court of Appeal seeking to have the law which gives the president power to pick the chief justice reinstated.