Maraga Succession: Why bid to declare CJ's position vacant flopped

Kenya may operate without a CJ for 6 months

Chief Justice David Maraga during a recent event at the Supreme Court

A bid to have the Chief Justice's position vacant has flopped.

The proposal which aimed to kick off the search for CJ David Maraga's successor ahead of his retirement was thrown out by the Judicial Service Commission (JSC).

According to reports, majority of the JSC commissioners opposed the proposal citing lack of legislation to support the move.

The proposal was made by a sub-committee appointed to oversee the process of selecting a new CJ.

Terminal Leave

CJ Maraga is set to go on terminal leave in December of this year ahead of his official retirement in January 2021.

Kangema MP Muturi Kigano as drafted a bill to amend the Section 30 of Judicial Service Act.

"It is apparent that the JSC can foresee the arising of a vacancy in the Office of the Chief Justice and commence the recruitment process before the date of the actual occurrence of the vacancy.

“In this respect, the Bill seeks to codify the best practice in democratic jurisdictions where there is an understanding that critical constitutional offices like that of the CJ and chairperson of the IEBC should not remain vacant for a long period," the Bill read.

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