Ball in Par­lia­ment’s court as Uhuru for­wards CJ nom­i­nee’s name for vet­ting

The Star (Kenya) - - Politics -

State House yes­ter­day said Pres­i­dent Uhuru Keny­atta has for­warded the name of Chief Jus­tice nom­i­nee David Maraga to Par­lia­ment for vet­ting.

Judge Maraga was nom­i­nated by the Ju­di­cial Ser­vice Com­mis­sion and his name was for­warded to the Pres­i­dent last week. “We can con­firm that the name of Judge Maraga was for­mally sub­mit­ted to Pres­i­dent Uhuru Keny­atta in the past week. The Pres­i­dent has trans­mit­ted it to the Na­tional Assem­bly. We ex­pect the Na­tional Assem­bly to con­sider the nom­i­na­tion when it re­sumes its sit­tings,” State House spokesman Manoah Esip­isu said. The Na­tional Assem­bly will re­sume sit­tings to­mor­row af­ter a month-long re­cess.

The Pub­lic Ap­point­ments (Par­lia­men­tary Ap­provals)Act says the MPs have 14 days to con­sider and vet Maraga. “Un­less oth­er­wise pro­vided in any law, a com­mit­tee shall con­sider a nom­i­na­tion and ta­ble its re­port in the rel­e­vant House for de­bate and de­ci­sion within 14 days from the date on which the no­ti­fi­ca­tion of nom­i­na­tion was given,” the Act says.

Dur­ing the first seven days, Par­lia­ment will be invit­ing the pub­lic to sub­mit mem­o­randa or any con­cerns they could be hav­ing against Maraga. The other seven will be used by the com­mit­tee to grill the nom­i­nee.

The law says af­ter the leg­is­la­tors con­cludes the vet­ting, the com­mit­tee shall pre­pare its re­port on the suit­abil­ity of the can­di­date to be ap­pointed to the of­fice.

If Par­lia­ment will not act on nom­i­na­tion at the ex­piry of the 14 days, it will have nei­ther ap­proved nor re­jected the nom­i­na­tion and the can­di­date shall be deemed to have been ap­proved.

How­ever, If MPs re­ject the nom­i­nee, the Pres­i­dent will sub­mit to the House the name of an­other can­di­date.

On the ex­piry of the 14 vet­ting days, the Clerk of the Na­tional Assem­bly will have seven days to no­tify the Pres­i­dent on the de­ci­sion of the House. Maraga, 65, will take over from Willy Mu­tunga, who re­tired in June. He was among 11 judges short­listed by the JSC.

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