The decision by the High Court sitting in Nairobi quashing an amendment to Judicial Service Act that had been sneaked by operatives within the office of the President has been termed ‘intelligent and credible’ by former LSK chairman Okong’o Mogeni.
The amendment if stood, allowed the President to pick Chief Justice from among three names forwarded by the Judicial Service Commission contrary to the current clause that allows the commission to vet and forward one name for approval.
Speaking to the reporter on Thursday, Mogeni accused the presidency of trying to short change existing laws for its own benefit.
“I am very excited with the Court’s ruling that termed the amendment unconstitutional. The ruling was intelligent and credible since it has defeated dark forces who want to use every loophole to make unwarranted decisions,” he said.
“The presidency must learn to respect the law. JSC is mandated to vet a candidate and forward the most suitable name. Taking its powers is like mutilating the very constitution which the president vowed to protect,” added Mogeni.
He further called for transparency in the appointment of the new Chief Justice and warned JSC for allowing external interference.
“I know many underground deals are ongoing but I want to request JSC to go for the best candidate. We want a credible CJ who can be able to pick from Willy Mutunga,” he said.