Chief Justice Martha Koome has forwarded to President William Ruto the names of 20 out of the 95 candidates interviewed by the Judicial Service Commission for High Court judge posts.
The 20 include two senior Deputy Directors at Office of the Director Of Public Prosecutions (ODPP) Alexander Muteti and Tabitha Ouya, 10 Magistrates including former Milimani chief criminal Magistrates Francis Andayi and Wendy Kagendo Micheni, Magistrates Emily Ominde, John Tamar, Julius Ng’arng’ar , Julius Mukut, Caroline Kendagor, Stephen Mbungi, Linus Kassan and Joe Omido Mkutu.
Others nominated by JSC are eight practising lawyers namely Moses Otieno, Alice Bett, Benjamin Musyoki, Andrew Mwamuye, Helene Rafaela Namisi, Benjamin Njoroge, Noel Inziani and Rhoda Rutto.
“After lengthy deliberations and consideration of the constitutional imperatives of merit, gender, regional/ethnic balance and affirmative action, the Commission has recommended the under-listed persons for appointment to the Office of Judge of the High Court of Kenya and submitted their names to His Excellency the President for appointment pursuant to Article 166 (1) (b) of the Constitution,” CJ Koome, who is JSC chairperson, said.
JSC began conducting the interviews for the candidates who were shortlisted for the High Court judge posts on April 3, 2024, and ended on May 3, 2024.
According to Koome, the commission interviewed a total of 95 candidates out of the 100 shortlisted persons after 4 candidates withdrew their applications, and 1 candidate Winfridah Mokaya was appointed the Chief Registrar of the Judiciary on March 25, 2024
“The Commission congratulates the nominees and wishes to thank all the candidates, stakeholders and Kenyans for their participation in the recruitment and selection exercise,” Koome stated.
The recruitment of candidates was conducted after the Commission advertised 20 vacancies in the Office of Judge of the High Court on October 13, 2023.
The JSC stated that upon closure of the advert, the Commission received a total of 305 applications and shortlisted 100 candidates.
In a gazette notice on October 6, 2023, the JSC declared 20 vacancies for the post of High Court judge.
On March 27, the Former Law Society of Kenya president Nelson Havi petitioned to suspend the interviews.
Havi discredited the participation of the former LSK representative to the JSC Macharia Njeru in shortlisting and interviewing the applicants.
The former LSK President wanted the interviews suspended until a petition he had filed before the Employment and Labour Court was heard and determined.
In the petition, he sued the JSC and Commissioner Njeru.
He argued that Njeru ceased having the representative legitimacy and mandate of advocates to the Commission following the election of Omwanza Ombati on February 29, 2024.
Havi argued that Njeru’s powers are limited owing to the current transition.
A High Court judge enjoys benefits including a gross monthly remuneration package ranging from Ksh750,000 to Ksh1,029,691.
The judge is mandated with unlimited original jurisdiction in both criminal and civil matters and jurisdiction to hear any question respecting the interpretation of the Constitution.
They also have the jurisdiction to determine the question of whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened.
A High Court judge also has supervisory jurisdiction over the subordinate courts and any person, body or authority exercising a judicial function, but not over a superior court.
