BY EURIDICE NZIOKA,NAIROBI,4TH APRIL 2018-A petitioner has moved to court seeking orders to stop the swearing in of Court of Appeal Judge Mohammed Warsame as a Judicial Service Commission member.
Samuel Njuguna wants the court to bar President Uhuru Kenyatta from appointing or swearing in to office Justice Warsame, before he is vetted and approved by Parliament pending the hearing of the petition.
According to Mr Njuguna, failure and defiance by the Judge to go through vetting by MPs amounts to contravention of the Constitution.
“Article 1 (3, (2) of the constitution provides that the sovereign power belongs to the people and that such power is delegated to state organs which are the Parliament, Executive and Legislature both at the National and County to perform the peoples functions as enshrined in the Constitution,” Njuguna maintains.
This comes barely two weeks after the Law Society of Kenya also sued Parliament, for insisting to vet Warsame even after he was voted in by the court of appeal judges.
Earlier Justice Roselyne Aburili had issued temporary orders restraining parliament from vetting or summoning Warsame until the case filed by LSK is heard and determined.