Supreme Court split on JSC seat

The Supreme Court split on JSC seat. (Photo: Courtesy)

Fresh divisions have rocked the Supreme Court over its representation at the Judicial Service Commission (JSC).

The six judges have failed to agree on who among them will sit at the powerful JSC, three months after judge Smokin Wanjala’s five-year term ended.

According to an insider, there is a tussle over who should be elected, with three judges having declared their interest.

“The judges have not agreed among themselves, as all of them have an interest. Their differences have brought a problem since they cannot sit to hold an election and elect a representative,” said the source.

As a result of the division, the Supreme Court has not had a representative to accompany Chief Justice David Maraga and other JSC members for a learning tour of France and the US on election preparedness.

Although Justice Maraga is the president of the Supreme Court, he sits at the JSC as the head of the Judiciary and does not represent the interests of the court.


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The trip to France and US is aimed at incorporating their experiences into the Judiciary’s preparedness to deal with election petitions.

There are concerns within the commission that failure to have a representative from the Supreme Court in the tour will hamper their readiness to deal with election petitions, especially a presidential one if it arises.

Supreme Court has Deputy Chief Justice Philomena Mwilu and justices Mohamed Ibrahim, Jackton Ojwang, Smokin Wanjala, Njoki Ndung’u and Isaac Lenaola.

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