Lawyer Ahmednasir Abdullahi expressed concern over what he perceives as rushed appointments within Kenya’s judiciary. Abdullahi, known for his outspoken views on legal matters, criticized Chief Justice Martha Koome and the Judicial Service Commission (JSC) for their alleged haste in filling key positions.
Abdullahi highlighted the impending appointments of the Registrar of the judiciary, along with the selection of over 20 judges for the High Court and 10 judges for the Court of Appeal. He emphasized the timing of these appointments, occurring within the next 30 days and just before the swearing-in of the new Law Society of Kenya (LSK) male representative, scheduled for May 14, 2024.
The concern to Abdullahi is the involvement of Macharia Njeru, the current LSK male representative, in these appointments. Despite having a few days left in his term, Abdullahi argues that Njeru lacks the mandate and legitimacy to participate in such critical recruitment processes.
Abdullahi invoked a principle commonly observed in constitutional democracies, whereby outgoing office holders refrain from certain actions to defer to incoming representatives. He drew parallels to a past incident in the United States when Senate Majority Leader Mitch McConnell delayed the nomination process for a Supreme Court justice, citing the impending end of President Obama’s term.
Drawing from this precedent, Abdullahi urged CJ Koome and the JSC to exercise restraint and await the swearing-in of the new LSK representative. He emphasized the importance of allowing the incoming representative to convey the views of LSK members to the JSC before finalizing judicial appointments.
The tweet has sparked debate within legal circles, with some echoing Abdullahi’s concerns about the timing and legitimacy of the appointments. Others, however, argue that the judiciary cannot afford delays in filling crucial positions, especially amidst ongoing legal challenges and the need for judicial reform.
By Newshub