National Assembly Speaker Justin Muturi has on Tuesday (4/10/16) directed MPs to finish the vetting process of Chief Justice nominee, Justice David Maraga by Wednesday (12/10/16) next week.
“I cannot over-emphasise the need to expedite this process of appointment of a substantive Chief Justice, considering that there is a vacancy in this position and in that of the Deputy Chief Justice at a time when the substantive office holders ought to perform certain statutory obligations,” Muturi indicated.
The vetting process will be carried out by the Justice and Legal Affairs Committee.
According to Priscilla Nyokabi, chair of the legal affairs committee, members of the public will get an opportunity to participate in the vetting process.
The committee will be guided by the Parliamentary Vetting and Approval Act, where they will consider all parameters required for the position of CJ.
“We will look of course into the suitability, education and integrity issues to form the basis of our report. According to the law, we must place an advert inviting members of public to participate in the process,” explained Nyokabi.
The Justice and Legal Affairs committee will vet Justice Maraga and table a report in the National Assembly for approval or rejection of the proposal for appointment.
Justice David Maraga will have to convince MPs that he is suitable and qualified to head the Judiciary before he is formally appointed to the position.
The Constitution, under Article 166(1) (a), requires that a presidential appointee for the positions of CJ and Deputy CJ must have the approval of the National Assembly before they are formally appointed by the President to the positions.
If approved, Justice Maraga will head the Judicial Service Commission and become the president of the Supreme Court.