The High Court has directed the appointment of Jacqueline Manani as a member of the Salaries and Remuneration Commission to represent the JSC within the next seven days.
The directive is to the President through Head of Public Service Joseph Kinyua.
Justice James Makau on Thursday ruled that failure to honour the directive, Manani will be deemed duly appointed and the Chief Justice David Maraga compelled to swear her in as a JSC member.
“A declaration be and I hereby issued that having been sworn in, Jacqueline Manani be allowed to take her position as a member of the SRC,”court ruled.
This follows a case filed by Judicial Service Commission rejecting the Judiciary nominee Manani.
JSC argued that the section of SRC Act that requires the commission to forward two names is contrary to the article 230 (1) (2) of the constitution which allows various bodies to nominate one person each to SRC.
JSC argued that section of SRC Act that requires JSC to forward two names is contrary to the article 230 (1) (2) of the constitution which allows various bodies to nominate one person each to SRC.
In the ruling read on Thursday, Makau said that the section as null and void.
”A declaration be and is hereby issued that in so far as section 7(10,11,12,13) of the SRC act No.10 of 2011 provides that the president shall nominate the members of the commission from each category and forward the names to the National Assembly for approval and they may approve or reject any nomination and that the speaker of the National Assembly shall forward the names of the nominees to the president for appointment contrary to the provision of article 230 which does not require nomination by the President and approval by the national Assemble, the same is also unconstitutional,” the court ruled.
Kinyua had been categorical that the case can only be processed if the Judiciary submits a second nominee in compliance with SRC Act.
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