This archive report was first published on 25 July 2020.
On July 25, 2020, Katiba Institute announced that it would be taking the Judicial Service Commission's appointment dispute to the Supreme Court.
The decision comes after the Appellate Court dismissed their suit, with judges Wanjiru Karanja, Asike Mukhandia, and Fatuma Sichale ruling that the appeal was devoid of merit.
However, the judges allowed the cross appeal, confirming that the vetting of Patrick Gachohi and Olive Mugenda was not pleaded and was never canvassed.
Katiba Institute had filed the case on March 8, 2018, after being aggrieved by the decision to appoint the three as members of JSC, terming the decision as unconstitutional and invalid.
The institution had sought an order invalidating their appointment to the JSC, as well as prohibiting the president from appointing and gazetting them as members of JSC and barring them from taking oath as commissioners.
Through lawyer Ochiel Dudley, Katiba Institute argued that the appointment of Patrick Gichochi was null and void as his nomination was done by the president instead of the public service commission, and he previously held public office, making him an incompetent nominee or appointee.
The lobby group also argued that the appointment of the three commissioners was not done on the basis of fair competition and merit, contrary to the law.
They added that despite the evidence on record questioning the character and integrity of Olive Mugenda while acting in other capacities, the evidence was disregarded.
