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Lawyer Havi petitions court to suspend judges interviews slated for April 3

Former Law Society of Kenya (LSK) president Nelson Havi. (X/Nelson Havi)

By Joseph Ndunda | Wednesday, March 27, 2024

Havi wants the interview exercise to be put on hold until Omwanza is sworn in as commissioner of JSC to represent the interests of advocates.

Former Law Society of Kenya (LSK) president Nelson Havi has petitioned the high court to stop the Judicial Service Commission (JSC) from interviewing candidates shortlisted for 20 positions of high court judges until the society's newly elected representative in the commission is sworn into office.

Havi argues that the outgoing LSK representative in the JSC, Macharia Njeru, is illegally in office as his term ended immediately after LSK elections were held and his replacement was elected.

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The lawyer says Njeru cannot participate in the exercise of considering the applications for the positions of judges and shortlisting candidates for interviews as the LSK representative.

Lawyer Omwanza Ombati was elected to succeed Njeru and is scheduled to assume office on May 14.

Havi argues that he has suffered and will continue to suffer misrepresentation at the JSC because Njeru's mandate to represent ended with the election of Ombati.

According to Havi, Njeru has limited powers during transition, claiming that there is a conflict of interest on his part. He has listed the JSC and Njeru as the respondents in the suit.

The JSC shortlisted 100 candidates for interviews to fill 20 vacancies of the High Court judge. The interviews are expected to be conducted between April 3 and April 30, 2024.

Havi wants the interview exercise to be put on hold until Omwanza is sworn in as commissioner of JSC to represent the interests of advocates.

He wants the court to nullify a notice issued by the JSC on March 7, inviting candidates for the interviews and issuing a conservatory order suspending the exercise.

The lawyer invites the high court to find it inappropriate for Njeru to participate in the exercise where his professional associate – Adelaide Anino Akonga is listed as the first candidate to be interviewed on April 3.

The lawyer wants the high court to declare the whole process unconstitutional for failing to comply with Section 166(5) of the Constitution on the integrity of judges.

"The effect of the conservatory orders sought is to forestall a scenario where a recruitment exercise of judges is undertaken by the JSC amid the uncertainty of not only the constitutional procedure but also the values and principles enumerated above are contravened," Havi states.

For instance, Havi says that out of the first 20 advocates shortlisted for the interviews, one of them has only practised law for 14 years, yet others were disqualified on account of having not practised for at least 15 years.

"It will be prejudicial and against the public interest to proceed with the interviews set to commence on April 3, 2024, before a decision is made on serious constitutional issues raised in the petition," Havi states in the suit papers.

The court will issue directions at a later date.