Lawmakers may not have a chance to vet Justice Mohamed Warsame any time soon for his appointment to the Judicial Service Commission.
The High Court Monday issued a temporary order blocking Parliament from vetting the judge.
Justice Roselyn Aburili said the case, filed by the Law Society of Kenya, raised serious questions about the appointment of the Court of Appeal judge as a JSC member.
“Pending the hearing and determination of this case, an order is hereby issued prohibiting the National Assembly from summoning or vetting Justice Warsame,” Justice Aburili said.
Though the Judiciary, through its chief registrar Anne Amadi, had made it clear that Justice Warsame would not appear in Parliament for vetting, yesterday’s orders equally barred him from presenting himself before the House if summoned.
The court also suspended a notice issued last week by the clerk of the National Assembly which invited the public to submit presentations before the vetting.
LSK wants it declared that Justice Warsame became a member of JSC upon his election by judges of the Court of Appeal, hence the presidential appointment is unconstitutional.