The High Court has issued orders stopping JSC from conducting interviews for judge of the Supreme Court pending hearing of petitions filed by four people.
Justices Anthony Mrima, Reuben Nyakundi and Wilfrida Okwany however allowed the the interviews for the position of Chief Justice to proceed but stopped the JSC from making any further considerations or deliberations in respect to that position once the interviews are over on Friday.
The interviews for the judge of the Supreme Court were to commence next week on Monday.
"We have considered the submissions and as at now there are three petitions challenging ongoing process of recruitment of Chief Justice. The petitions raise weighty issues. The constitutionality of the ongoing process has been challenged. The issues are novel," the judges said.
The petitions were filed separately but were consolidated on Wednesday.
The petitioners are Tolphin Nafula, Philip Muchiri Damaris Wakiuru and Memba Ocharo.
However, the JSC asked the court to stay its decision pending an appeal.
The directions/orders of the court shall remain in force pending determination of the cases filed by the petitioners.
JSC acting vice chairperson Prof Olive Mugenda made a similar request.
The respondents in the case are the JSC and Mugenda.
The Attorney General is listed as an interested party in the case.
The court declined to to stay its decision.
Justice Mrima said the orders they have issued will take effect after completion of interviews for the position of CJ this Friday.
"There is ample time for the JSC to approach the court of appeal before the order issued by this court takes effect. We decline to issue interim stay," he said.
So far, eight out of 10 candidates have been interviewed for the Chief Justice job.