On Thursday, Parliament will vote on two Judicial Service Commission (JSC) nominations recommended by President William Ruto.
Former Bomet Governors Isaac Rutto and Caroline Nzilani will testify before the National Assembly’s Justice and Legal Affairs Committee (JLAC). The notification summoning them to appear before the panel comes after a two-week deadline for the public to make comments on their suitability to serve on the Commission.
According to the Departmental Committee on Justice and Legal Affairs’ notice, “In accordance with the Constitution, Section 118(I)(b) of the Constitution, and Section 6(9) of the Public Appointments (Parliamentary Approval) Act 2100, we hereby invite the public to submit any representations we may have, by way of written statements on oath (affidavits) with supporting evidence contesting suitability of the nominees for appointment as members of the judicial
On May 3, Speaker Moses Wetangula announced their nomination on the House floor. Wetangula added that the president “conveyed in the message that he presented the list of nominees in the exercise of the powers conferred upon him by Article 128 of the Constitution and Sections 3 & 5 of the Public Appointment Act, 2011.”
They were needed to produce original academic records, along with other testimonials, during the session today. If accepted, the nominees will join the other members of the influential committee in charge of selecting, elevating, and dismissing Kenya’s judges and magistrates. Its primary duty is to encourage and make the Kenyan judiciary more independent and accountable.
It has 11 members total, including the Chief Justice, who acts as chair. Subject to ratification by Parliament, the President picks two members—a man and a woman—to represent the general population. The other members’ recruitment is controlled by Article 171 of the Kenyan Constitution, which outlines the requirements and standards for appointment.
The Public Service Commission proposed one member, in addition to the Supreme Court Judge, Court of Appeal Judge, High Court Judge, Magistrate, Attorney General, and two advocates.