Nelson Havi has requested the court to suspend the JSC interview process for the shortlisted judges.
Havi claims that Macharia Njeru, the male representative of the Judicial Service Commission, is unable to participate in the consideration of applications, shortlisting, or interviewing for judges.
He states that Samson Omwanza Ombati was elected to succeed Njeru and is set to take office on May 14, therefore Njeru should step aside.
“The petitioner has suffered and will continue to suffer misrepresentation at the JSC by the second respondent whose elective representative mandate ended with the election of Samson Omwanza Ombati,” reads the petition.
He says that an explanation is needed from JSC on why the first 20 shortlisted candidates have 14 years of experience with none below that practice years limit.
“On the other hand, for the first 20 rejected applications 7 are between 10 years and 14 years practice years limit,” reads court appears.
According to Havi, Njeru has limited powers during transition claiming that there is a conflict of interest on the part of Njeru. He is also claiming that there's discrimination.
“It will be prejudicial and against the public interest to proceed with the interviews set to commence on 3rd April 2024 before a decision is made on serious constitutional issues raised in the petition,” reads court papers.