The High Court has declared an amendment seeking to give the president an upper hand in deciding country’s next CJ null and void .
The declaration limits President Uhuru Kenyatta’s power to appoint the CJ as provided by the constitution.
The amendment sought to change the Judicial Service Act to compel JSC to forward three names to the president, instead of one as previously required.
But the effect of the ruling by five-judge bench is that Judiciary Service Commission will only submit a single candidate each for appointment to the position of Chief Justice and Deputy Chief Justice .
This comes after LSK sought to challenge the decision to give the president power for the appointment.
Lawyers opposed the move saying it goes against the constitution and amounts to interference with the independence of the judiciary.
Making the ruling on Thursday, the judges noted that in passing the new law, Parliament contravened the constitution and gave the president powers he did not have through back doors.
The judges include Richard Mwongo, Joseph Onguto, Mumbi Ngugi, George Odunga, Weldon Korir, and Isaac Lenaola.
