Former Law Society of Kenya President Nelson Havi has petitioned Chief Justice Martha Koome to cancel the interviews for the recruitment of Judges of the High Court of Kenya.
Havi wrote to CJ Koome on March 8, 2024, listing demands that the Judicial Service Commission (JSC) must meet before it continues with the interviews.
The vocal lawyer protested the legitimacy of some of the shortlisted candidates citing reasons that the JSC needed to consider in order to remove them from the list of shortlisted candidates.
“In any event, the JSC is asked to consider the information forwarded with this letter on the want of suitability of Messrs. Alexander Muasya Muteti and James Mungai Warui for appointment as Judges of the High Court of Kenya,” read part of the letter.
In the letter, the former LSK President opposed the shortlisting of Alexander Muteti, poking holes into his track record as a state prosecutor at the Office of the Director of Public Prosecutions (ODPP).
He further alleged that Muteti is alcoholic, arguing that the adage, “as sober as a Judge”, would lose meaning and effect with the appointment of Muteti.
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According to Havi, it would be catastrophic to have him as a Judge of the High Court of Kenya.
The letter also questioned Muteti’s record at the Office of the Director of Public Prosecutions (ODPP) noting that his reputation has been punctuated with gross violation of the basic principles of law.
He made a comparison to the suspension of Bernard Chunga from the Judiciary for his past misdeeds as a prosecutor, noting that Muteti automatically needed to preclude from being a Judge for the same reason.
Havi also highlighted the previous arrests of different individuals, including that of Senior Counsel Prof Tom Ojienda and Deputy Chief Justice Philomena Mwilu, over trumped up charges.
Koome asked to halt interviews
At the same time, the letter requested JSC to cancel the scheduled interviews until after the assumption to office of Samson Omwanza Ombati as the Law Society of Kenya (LSK) male representative to the JSC.
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“Judicial prudence and good order dictate that any substantive function of the JSC, including consideration of applications, shortlisting and interview of candidates for the office of Judge of the High Court of Kenya await the swearing-in of Mr. Omwanza,” the letter added.
JSC has seven days to confirm in writing that the interviews scheduled for the month of April 2024 will not go on.
Failure to do so, the former LSK President threatened to take legal action.
These demands came following the release of a hundred shortlisted individuals by JSC having advertised 20 vacancies for High Court Judges.
On March 8, JSC published 100 shortlisted candidates after advertising 20 vacancies for High Court Judges.
The Commision further noted that it will conduct the interviews between April 3 and April 30, 2024, at CBK Towers 13th Floor, Harambee Avenue Nairobi.
