LSK moves to court to stop Justice Warsame's vetting

Justice Mohamed Warsame. The LSK moves to court to prevent Parliament from vetting him. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • The LSK the judge cannot be subjected to vetting by members of Parliament because he has been a member of JSC.
  • President Uhuru Kenyatta on Tuesday nominated Justice Warsame to be a member of the commission.
  • But two weeks ago, Justice Warsame was re-elected to the JSC by his colleagues at the appellate court.

The Law Society of Kenya has moved to court seeking to stop Parliament from vetting Court of Appeal judge Mohamed Warsame before he joins the Judicial Service Commission.

The LSK has sued the National Assembly and the Attorney-General, while Justice Warsame and the commission have been listed as interested parties in the case.

OPPOSE

According to the lawyers’ body, the judge cannot be subjected to vetting by members of Parliament because he has been a member of JSC.

Through lawyer Suyianka Lempaa, LSK argues that it will be a waste of public funds and resources to subject the judge to a vetting process that violates the provisions of the law.

“LSK seeks to invalidate the purported appointment Justice Warsame as a member of JSC as well as prohibit the scheduled vetting,” said Mr Lempaa.

VETTING

On Thursday, the National Assembly issued a memorandum asking members of the public to submit any written statements on oath that they may have contesting the judge's suitability.

The notice came as a result of President Uhuru Kenyatta nominating him on Tuesday to be a member of the commission.

But the Judiciary formally protested against attempts to vet him as he has been a member of JSC.

In a letter to National Assembly Clerk Michael Sialai on Friday, Chief Registrar of the Judiciary Anne Amadi indicated that the judge will not avail himself before Parliament for vetting.

ELECTED

He is expected to appear before the Justice and Legal Affairs Committee before his formal appointment to the JSC is approved.

Justice Warsame was re-elected to the JSC by his colleagues at the appellate court two weeks ago.

He garnered 16 votes against four obtained by his sole challenger, Justice Wanjiru Karanja.

“If this matter is not certified urgent and duly brought before a duty judge for directions, Justice Warsame will be subjected to an unconstitutional vetting exercise and whatever the outcome, vetting once conducted cannot be undone,” said Mr Lempaa.