Bernice Mbugua @BerniceMuhindi

The search for a judge of the Supreme Court commences today with the Judicial Service Commission (JSC) lining up seven candidates for the interview.

High Court judge Said Chitembwe and his Employment and Labour Relations Court counterpart Njagi Marete are expected to start off the interviews after failing to secure Chief Justice position.

JSC nominated Court of Appeal judge Martha Koome to replace retired Chief Justice David Maraga and now awaits Parliament’s approval.

Only one of the seven candidates will be nominated as judge of the apex court following the retirement of Justice Jackton Ojwang last year.

Unlike the CJ where only one candidate was interviewed daily, JSC will interview two candidates daily for four days.

Faces panel

“This is to inform members of the public and the media that interviews for the position of Judge of the Supreme Court will commence on May 3,” reads JSC press release.

Five of the candidates expected to be interviewed were among those interviewed for CJ job.

Initially, there were nine candidates but Court of Appeal Judges Martha Koome and Justice Kathurima M’noti, who withdrew his candidature were taken off the list.

On Tuesday, JSC will interview Justice Nduma Nderi and Dr Nyaberi Justry Patrick Lumumba.

Justices William Ouko and Joseph Sergon will be interviewed on Wednesday while lawyer Alice Jepkoech Yano, will face the panel alone on Thursday.

“The commission would like to express its gratitude to all the Kenyans and other stakeholders who have taken a keen interest and participated actively in the selection process this far.

We urge members of the public to continue with this engagement in this second phase of the process,” states JSC 

High Court had halted the interviews pending hearing of petitions filed by four individuals.

Justices Anthony Mrima, Reuben Nyakundi and Wilfrida Okwany had stopped JSC from making any further considerations or deliberations in respect to that position.

“We have considered the submissions and as at now there are three petitions challenging ongoing process of recruitment of Chief Justice. The petitions raise weighty issues.

The constitutionality of the ongoing process has been challenged. Issues are novel,” the judges had ruled

The petitioners, through lawyers Dunstan Omari, sought to stop the process on grounds that Prof Olive Mugenda is illegally presiding over the recruitment process when she has no powers to act as JSC chair in the absence of the Chief Justice.

According to Omari, the interviews should be chaired by Deputy Chief Justice Philomena Mwilu, the acting CJ and not Prof Mugenda who is just a commissioner. 

Strong case

Petitioners also argued that Prof Mugenda is illegally occupying the position of JSC commissioner when she is a State officer as the chair of Kenyatta University Teaching and Referral Hospital.

However, Court of Appeal overturned the ruling, which stopped the exercise, saying the High Court erroneously issued the order stopping the process without determining whether it had jurisdiction to hear the matter.

Justices Roselyn Nambuye, Patrick Kiage and Sankale Ole Kantai noted that JSC and the Attorney General lodged a strong case with a high probability of success.