Justice Said Chitembwe has said if appointed CJ, he will try to negotiate to resolve the impasse on the appointment of of 41 judges who were not sworn in after President Uhuru Kenyatta declined to do so.
“I will approach the Executive and say we have a problem. The Court of Appeal is not working...” he said on Monday.
However, before Chitembwe could finish, commissioner Mohamed Warsame informed him that the Court of Appeal is working to which the judge replied saying it is not working at optimal level.
He also explained that he will find out the reason behind the refusal by the Executive to swear-in judges and reach a compromise which will help solve the impasse.
For example, he said, if he was to be told that he can have half the number of judges with no complaint sworn to office, he will accept as opposed to insisting on the entire team of 41 being sworn in.
“As president of the Supreme Court, I will not solve it alone but I will sit down with the President and know their reasons for swearing in. If there is no problem with 10 judges of the labor court, I will swear them then go to the land then to the court of appeal. I have to know first what is the problem and if there are individuals who have a problem.”