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JSC tells off Uhuru over Chief Justice appointment

The Judicial Service Commission (JSC) has told off President Uhuru Kenyatta for telling residents of Nyamira county that he gave Chief Justice David Maraga a job.

The commission convened a meeting on Monday to deliberate on President Kenyatta’s pronouncement while on a tour of Nyamira County on March 21.

TRANSPARENT PROCESS

“Kenyans are aware that the Commission, in exercise of its express and exclusive constitutional mandate granted under Article 172 of the Constitution, conducted the recruitment through a transparent, accountable and competitive process as laid down by the Constitution between August and October, 2016.

“JSC determined the winner and made the requisite recommendation for the appointment of Hon David Kenani Maraga as Chief Justice to the Head of State, in line with the Constitution,” the commission said in a statement.

The commission reiterated that the President Kenyatta just discharged his constitutional mandate while appointing the chief justice.

“It is clear from the foregoing that the constitutional role of the Head of State on the appointment of the Chief Justice is exercised within the strict and limited provision of Article 166.

POLITICAL SCHEME

“There is neither room nor opportunity for the President to discharge this function in a political manner. Any implication, deliberate or inadvertent, that the appointment of the CJ was part of a political scheme is a grave distortion of law and fact,” stated JSC.

The commission added that the judiciary remains independent and exercises its authority constitutionally and not subject to any authority or person.