KATIBA INSTITUTE V. ATTORNEY GENERAL, PUBLIC SERVICE COMMISSION, NATIONAL ASSEMBLY OF THE REPUBLIC OF KENYA, JUDICIAL SERVICE COMMISSION, PATRICK GICHOHI, OLIVE MUGENDA, FELIX KOSKEI, GEORGE LUKOYE, KENYA NATIONAL COMMISSION ON HUMAN RIGHTS & AFRICA CENTRE FOR OPEN GOVERNANCE

JUDGMENT OF THE COURT

1. The 5th 6th and 7th respondents were nominated pursuant to Article 171(2)(g) and Article 171(2) (h) respectively for the position of members of the Judicial Service Commission (herein after referred to as the 4th respondent). On 13th February, 2018 vide a notification of nomination, the President forwarded the three names to the National Assembly (hereinafter referred to as the 3rd respondent) through the Speaker of the National Assembly for vetting by the National Assembly’s Departmental Committee on Justice and Legal Affairs (hereinafter referred to as the committee) and subsequent approval by the whole House.

2. Following the committee’s report as adopted on 24th February, 2018, the aforementioned nominees were approved by the 3rd respondent on 28th February, 2018 and subsequently appointed as commissioners to the Judicial Service Commission (JSC).

3. Katiba Institute, (hereinafter the appellant), was not pleased with the appointments and so, vide a petition d…