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Three lawyers yesterday moved to court to quash the Judicial Service Commission (JSC) decision to appoint magistrate Clarence Awuor Otieno as the new Registrar of the High Court

Lawyers Omwanza Ombati, Robinson Kigen and Brian Ochieng’ Saka in their petition filed at the High Court argued that the appointment of Otieno was irregular and unlawful because she was not among the persons shortlisted by JSC for interviews during the recruitment process.

“The petitioners are reasonably aggrieved with the appointment (of Otieno), as it wouldn’t be expected that a person who had never been shortlisted would be the successful candidate,” the three lawyers state in court papers.

 According to the lawyers,  Otieno was handpicked in an opaque process.  JSC on July 25 appointed Otieno as the new registrar, but her name was not among the shortlisted candidates in a May 22 statement by the commission.

Those publicly shortlisted for interviews were magistrates Ann Wanjiru, Pauline Wangari, Dennis Kipkirui, Fredrick Momanyi, Elizabeth Juma and Elizabeth Tanui. The interviews were conducted on May 31.

The petitioners aver that Otieno having not been listed for interviews, it is questionable whether she had applied for the job or she was even interviewed.

While faulting the Commission chaired by Chief Justice Martha Koome for lack of transparency and accountability, the petitioners add that “the JSC’s action reeks of impunity, corruption and wanton defilement of the Constitution.

Invested their time

 It is not only discriminative but it is also a great disservice to candidates who invested their time and resources to apply for a position, got shortlisted, and attended interviews”.

Further, the trio claim that the Koome-led Commission violated national values and principles of governance as set out in Article 10 of the Constitution. The principles are the rule of law, equity, non-discrimination, good governance, integrity, transparency and accountability.

According to JSC, Otieno joined the Judiciary as a Resident Magistrate in 2008, she rose through the ranks serving in the positions of Senior Resident Magistrate, Principal Magistrate and Senior Principal Magistrate.

 At the time of her promotion to the position of Registrar  Otieno was a Senior Principal Magistrate based at Ruiru law courts. Prior to joining the Judiciary, Otieno worked as an Advocate at Ocharo & Company Advocates between 2004-2007, following her admission to the bar on December 16, 2004.