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Katiba Institute v. Attorney General, Public Service Commission, National Assembly of Republic of Kenya, Judicial Service Commission, Patrick Gichohi, Olive Mugenda , Felix Koskei , George Lukoye , Kenya National Commission on Human Rights & African Centre for Open Governance

(2018) JELR 100209 (CA)

Court of Appeal  •  Civil Application 201 of 2018  •  16 Nov 2018  •  Kenya

Coram
Daniel Kiio Musinga, James Otieno Odek, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. By a Constitutional Petition dated 8th March 2018, the applicant, Katiba Institute, filed suit contending that the nomination of the 5th, 6th and 7th respondents as members of the Judicial Service Commission (JSC) is bereft of fair competition or merit and is contrary to Article 232(1) (g) of the Constitution. The applicant averred that the identification and nomination of the 5th, 6th and 7th respondents was not preceded by public participation and was therefore null and void. It was further contended that the President of the Republic forwarded the name of the 5th respondent to be vetted by Parliament yet the nomination was ultravires Article 171 (2) (g) of the Constitution. In the Petition, the applicant claimed the National Assembly in vetting the 6th respondent failed to interrogate the mandatory considerations in Section 7 of the Public Appointment (Parliamentary Approval) Act 2011 and failed to appreciate that the nomination and vetting of the 6th responde…

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