Prof Mugenda is the immediate former VC of Kenyatta University.
Katiba Institute, a lobby group, moved to court seeking to stop President Uhuru from appointing Prof Mugenda, alongside two others to the Judicial Service Commission (JSC).
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The lobby group has claimed that the appointment of the three did not follow due process and that it was not transparent.
The institute claims that the nomination of Professor Olive Mugenda, Patrick Gichohi and former CS Felix Koskei did not consider diversity and fair competition.
Further in an affidavit by Katiba Director Yash Pal Ghai, the group claims that the nomination of the three to the JSC is meant to interfere with its independence, function and public perception.
“To allow them take oath and assume office will be in violation of the Constitution,” Ghai says.
Katiba has also faulted the National Assembly for ignoring integrity questions raised against the three.