A five-judge Bench comprising Richard Mwongo, Isaac Lenaola, George Odunga, Mumbi Ngugi, Weldon Korir and Joseph Onguto declared the new law unconstitutional. It had sought to compel the Judicial Service Commission to forward three names for the position of CJ and deputy to the President, from which he was at liberty to make his choice.
“To the extent that the amendment compelled the JSC to send three names the said amendment is null and void,” the court held. The effect of the court’s decision is that the JSC will now forward a single name each of candidates for the positions of the CJ and deputy CJ to the President for him to appoint.
Law Society of Kenya President Isaac Okero said the unanimous decision is an important affirmation of the supremacy of the constitution. The opposition has lately accused the President and Jubilee of being keen to control the Legislature and the Judiciary.
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