On November 21, 2018, four new members of the Judicial Service Commission were sworn in, adding fresh names to a body still waiting on the fate of Court of Appeal Judge Mohammed Warsame’s disputed return.
The new commissioners are Attorney-General Paul Kihara Kariuki, former Kenyatta University Vice-Chancellor Olive Mugenda, former Cabinet Secretary Felix Koskei, and former National Assembly Clerk Patrick Gichohi. President Uhuru Kenyatta nominated Prof Mugenda, Mr Koskei and Mr Gichohi on February 13, while Kariuki sits on the commission by virtue of his office.
They join Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Justice Aggrey Muchelule, Law Society of Kenya representatives Tom Ojienda and Mercy Deche, and Chief Magistrate Emily Ominde.
The swearing-in had been delayed for months because of a standoff between the Judiciary, the Legislature and the Executive over Justice Warsame’s re-election. The Executive and the Legislature wanted him vetted by Parliament, but the JSC maintained that he qualified automatically after being re-elected.
The dispute is now before the appellate court. On Friday, the court declined to temporarily stop the appointments of Prof Mugenda, Mr Koskei and Mr Gichohi, clearing the way for their swearing-in.
Before the matter reached the Court of Appeal, High Court Judge Enoch Chacha Mwita ruled that Parliament had no role in vetting Justice Warsame for the position.
