Advocate Nelson Havi has discredited participation of outgoing representative to the JSC Macharia Njeru in shortlisting and interviewing 100 applicants for the position of high court Judge.
The Judicial Service Commission shortlisted the 100 applicants in March this year for interviews to fill 20 vacancies at the high court.
The interviews are expected to commence on April 3.
But Havi wants the interviews suspended until a petition he has filed before the Employment and Labour Court is heard and determined.
In the petition, he has sued the JSC and Commissioner Njeru.
He argues that Njeru ceased having the representative legitimacy and mandate of advocates to the Commission following the election of Omwanza Ombati on March 29, this year.
Omwanza is scheduled to assume office on May 14.
Havi argues that Njeru's powers are limited owing to the current transition.
"The petitioner has suffered and will continue to suffer misrepresentation at the JSC by Njeru whose elective representative mandate ended with the election of Omwanza," Havi said.
In addition, the advocate says Njeru is conflicted as the first candidate shortlisted for the interview on April 3 is a partner at Macharia Mwangi and Njeru advocates.
According to the Constitution, requirements for appointment of a judge of the high court requires one to have at least ten years experience as a superior court judge or professionally qualified magistrate.
Alternatively, one should have at least ten years experience as a distinguished academic or legal practitioner or such experience in other relevant legal field.
Havi in his application wants the JSC to explain why for the first 20 shortlisted candidates only one has 14 years experience and none has below years of practice limit of 10 years.
"There has been discrimination of applicants below 15 years experience," reads the court documents.
