Three Lawyers have challenged the recent appointment of Clarence Otieno as the new registrar of the High Court.
Otieno was appointed by Judicial Service Commissions to take over the reigns as the new high court boss.
However, the lawyers have questioned the procedure used by JSC to appoint Otieno arguing that it was opaque.
In a case filed in court, Lawyers Omwanza Ombati, Robinson Kigen, and Brian Ochieng have argued that Otieno’s appointment was irregular and illegal because she was not among the names of shortlisted candidates by JSC for interviews.
They want the court to nullify Otieno’s appointment and declare that JSC did not follow due process in her appointment.
They have questioned how a person who was never shortlisted for the position in question would be a successful candidate.
The magistrates who had been shortlisted for the position include Ann Wanjiru, Pauline Wangari, Dennis Kipkirui, Fredrick Momanyi, Elizabeth Juma and Elizabeth Tanui.
However, it is not clear if Otieno who finally got the job ever applied or was ever interviewed for the said position.
“The JSC’s action reeks of impunity, corruption and wanton defilement of the constitution. It is not only discriminative but it is also a great disservice to candidates who invested their time and resources to apply for a position, got shortlisted and attended interviews” they argued.
The lawyers further argue that shortlisting of candidates is very essential and the successful candidate should have been from the list of six candidates who were interviewed.
“It’s unreasonable and irrational that JSC could call for applications for appointment, receive 24 applications, shortlist six candidates interview them, then turn around and handpick somebody else, who was not shortlisted or called for the interview” reads court documents.
It is their further argument that in handpicking Otieno, JSC violated the provisions of the Public Service Act adding that the commissions was neither transparent or accountable in its decision.
