Judicial Service Commission told to enforce two-thirds gender rule in recruitments

The Judicial Service Commission (JSC) should ensure that the two-thirds gender principle is complied with in all appointments, the Court of Appeal has said.

The court said more than 12 years after promulgation of the Constitution, JSC has a responsibility to implement the two-thirds gender principle in recruitments to all courts, including the Supreme Court.

Justices Agnes Murgor and Jamila Mohammed said the gender principle is a constitutional directive, a mandatory factor that JSC should take into consideration when recruiting.

“When undertaking recruitments it (the JSC) is bound by law to inculcate this constitutional edict in the recruitment process. Secondly, the first respondent must ensure that measures are introduced to incorporate the gender imperative, alongside merit, fairness, good judgment and overall competence,” the judges said.

The decision was in an appeal filed by lawyer Adrian Kamotho, who faulted the previous Supreme Court for having five male judges against two female. The current one complies with the gender principle.

The JSC, through the Chief Registrar of the Judiciary Anne Amadi, had defended itself saying it is bound by Articles 171 and 172 of the constitution that require that it be guided by competitiveness and transparency in appointing judicial officers.

The court noted that the gender consideration is also contained in section 10(2)(b) of the Public Service (Values and Principles) Act, which allows public institutions, to promote officers without undue reliance on fair competition or merit where the balance of gender is biased towards one gender.