Monday April 9, 2018
Wars between Parliament and the Executive on one hand and the Judiciary on the other hand have intensified after legislators insisted on vetting Justice Mohamed Warsame as a nominee to the Judicial Service Commission (JSC).
Despite a court order and a directive from JSC that Mr Warsame should not to appear before the Justice and Legal Affairs committee, MPs plan to write a report on the vetting.
The MPs have sought background information from relevant State agencies, including the National Intelligence Service and Ethics and Ant-Corruption Commission (EACC).
“We wish to confirm that we have not undertaken any investigations where Justice Mohamed Abdulahi Warsame has been found culpable.
The information provided is based on records available as at March 29, 2018,” wrote EACC Deputy CEO Michael Mubea to National Assembly Clerk Michael Sialai, in a letter dated April 3.
He said the absence of records in the commission’s database was no guarantee of the nominee's integrity.
Progress report The MPs plan to write what they call a "progress report" stating that they were unable to vet Warsame and therefore could not determine his suitability.
A senior member of the National Assembly told The Standard that National Assembly Speaker Justin Muturi would send the progress report to President Uhuru Kenyatta, telling him that since they had been barred from vetting the judge, he was not suitable to serve in the commission.
The MPs want to use Article 250 of the Constitution, which requires that chairpersons and members of independent commissions must be approved by the National Assembly and can only be sworn in once they are formally appointed by the President.
“No one can be sworn in unless he is appointed by the President.
The election by the High Court or Court of Appeal as representative is a method of recommendation, not appointment,” Mr Muturi told The Standard by phone from London.