City lawyer Donald Kipkorir has faulted the move to have Court of Appeal Judge Mohamed Warsame subjected to another round of vetting following his reelection to the Judicial Service Commission (JSC).
According to Kipkorir, Justice Warsame should not be vetted again considering that he (Warsame) is being re-appointed to the same office just as other public servants who have not been re-vetted after being re-elected to their offices.
"All who are re-elected or re-appointed to same Office have never been re-subjected to Public & Parliamentary Vetting. My Classmate & Friend, Justice Mohamed Warsame Of Court Of Appeal was re-elected to JSC .. Why is being re-subjected to Vetting? Aren’t ALL Equal before the Law?" tweeted Kipkorir on Wednesday.
The lawyer further pointed out that the Constitution under Article 171 reiterates that those to be vetted are presidential appointees to represent the public and thus the Chief Justice, Attorney General, members of the Supreme Court, Court of Appeal, High Court and Law Society of Kenya (LSK) cannot be vetted.
"Under Article 171 Of the Constitution, Members Of JSC that are vetted by the Public & Parliament are those nominated by the President to represent the Public. The other Members being the CJ, AG & those representing Supreme Court, Court Of Appeal, High Court & LSK CAN’T," added Kipkorir.
Justice Warsame is set to be vetted by the Justice and Legal Affairs committee of the National Assembly after his name was forwarded to legislators by President Uhuru Kenyatta on Tuesday.