In what has caused a storm within the Judiciary and legal fraternity, Chief Justice David Maraga on Monday barred journalists from covering JSC interviews on recruitment of Appeals Court judges.
At least 31 judges are being interviewed to take positions in the Appeals Court, a process which has previously been undertaken in the presence of media.
Maraga who is also the Judicial Service Commission chair on Monday asked journalists to leave, arguing that the room was too small to accommodate them.
“We have allowed you in because we have started the process but after this, we will not allow,” CJ Maraga told journalists shortly before the interviews began.
In a statement, JSC defended the move, saying space could not allow live transmission. However, journalists were allowed to take photos.
“Owing to the limited boardroom space, live coverage will not be permissible. The media may, however, take photos at the beginning of every interview,” a statement sent to the media houses read in part as quoted by the Standard.
Activist Okiya Omtatah complained the closed-door interviews would be in breach of Kenyans’ right to information and accountability.
“This is outright wrong. Transparency is a national value under Article 10 of the Constitution. This cannot be set aside,” said Omtatah.
Senior Counsel Ahmednasir Abdullahi, a former JSC commissioner, said the conduct of the interviews was illegal.
“The interviews must be transparent, open and in public. That they are now doing it in an opaque and closed-door forum, invalidates the entire process. It’s illegal,” he said.