Saturday, April 1, 2023 – The Supreme Court has rendered President William Ruto useless in the appointment of members of the Judicial Service Commission.
This is after it ruled that the President has no authority to appoint elected members of the Judicial Service Commission.
The five-judge bench, comprising Justices Ibrahim Mohamed, Smokin Wanjala, Isaac Lenaola, William Ouko, and Njoki Ndungu, added that the officials cannot be vetted by the Parliament too.
According to the judges, Article 171 establishes the JSC, as an independent body and a self-executing commission, with a clear mode of identification, qualification, appointment, and commissioners’ terms.
“We believe and hold the firm view that the President can only exercise the functions, whether formal or ceremonial, donated to him by the Constitution. The President has no ceremonial role in appointing elected and nominated commissioners of the JSC,” the judges ruled, in a verdict, Justice Njoki Ndung’u dissented.
“There is no basis, constitutional or legal, for a member of the JSC elected or nominated under Article 171 to be vetted and approved by the National Assembly before an appointment,” they added.
However, the judges stated that only those commissioners of the JSC upon whom there is a constitutional obligation for vetting before the appointment has to be approved by the National Assembly.
These are nominees appointed by the President under Article 171(2)(h) of the Constitution – one woman and one man to represent the public.
Section 15(2) of the JSC Act, the apex judges added, was inconsistent with the law as it donated power to the President to appoint elected and nominated members of the JSC, an independent body devoid of third-party interest.
The JSC consists of 11 members; the Chief Justice, Martha Koome, who is the chairperson; the Attorney-General; representatives of the Supreme Court, Court of Appeal, High Court, the Magistracy; the legal profession (2); the public (2); and the Public Service Commission (PSC).
The Kenyan DAILY POST.