The Judicial Service Commission (JSC) has been permitted by the Court of Appeal to proceed with the recruitment process for the next Chief Justice and one Supreme Court Judge.
On Tuesday, April 27, a three-bench judge comprising of Roselyne Nambuye, Patrick Kiage and Sankale ole Kantai overturned the initial orders from the High Court which had barred the JSC from proceeding with the process.
Seeking the High Court orders to be overturned, the JSC, through lawyer Eric Gumbo, filed an appeal.
According to the commission, the High Court ruling would cause disorder in the judicial process.
Gumbo also argued that a lot of funds had been spent in the recruitment process.
Attorney General Paul Kihara seconded his argument saying that there would be a constitutional crisis if the process was not concluded.
The AG stated, "If the orders are not set aside, there will be a legal vacuum especially in the process of recruiting the Chief Justice. Any vacancy in the office of the CJ must be filed within six months from January 12, 2021."
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