Attorney General Githu Muigai’s notice of appeal that was filed last week and scheduled for hearing on Monday has been postponed.

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This is to allow the AG to file the main appeal.

Through his lawyer, Cecil miller, the AG said he will file the appeal papers to challenge the decision by a five-judge bench that invalidated the law passed by the national assembly compelling the Judicial Service Commission (JSC) to submit three names to the president for him to choose his preferred candidate from the list.

Muigai said the High Court erred in nullifying the JSC act and wants the Court of Appeal to reinstate the law that gives the president powers to pick a candidate of his choice in the ongoing recruitment of chief justice and deputy chief justice.

The amendments to the Judicial Service Act that were nullified by the High Court on May 26 of this year and required the members of the JSE to forward names of three candidates out of whom the president would appoint the chief justice and deputy chief justice.

Torn between acting on his role as the chief legal adviser to the government and maintaining an impartial position as a member of the judicial service commission the attorney general said that democracy should exist for all.

The JSC has shortlisted six candidates for the position of Chief Justice to replace Willy Mutunga and interviews are set to start on August 29.

Those who have been shortlisted are Justice Smokin Wanjala, a judge in the Supreme Court, three Court of Appeal judges - Roselyne Nambuye, Alnashir Visram and David Maraga - and Justice Mbogholi Msagha of the High Court.

This comes as appellate court judge, GBM Kariuki moved to the High Court on Wednesday under a certificate of urgency seeking orders to have the Judicial Service Commission shortlist him for the job of Chief Justice.Kariuki through lawyer Macharia Kahonge told Justice Roselyne Aburili that he had been unable to submit his application for the job in good time on account of a refusal by the Directorate of Criminal Investigations to issue him a Certificate of Good Conduct.