The Law Society of Kenya (LSK) has moved to court to challenge the appointment of Christine Agima as the chairperson of the Kenya Law Reform Commission (KLRC).

In its case before the High Court in Mombasa, LSK terms the appointment illegal and want it revoked

Lawyers are also asking that the naming of Mary Gaturu as a member of the commission be reversed. Agima and Gaturu have been appointed for six and five years respectively. 

Through lawyer Willis Oluga, LSK says the appointments were done in violation of the Kenya Law Reform Commission Act, 2013, and the Constitution.

They say the appointments are also in violation of the statutory timelines and are therefore illegal, null and void. The case argues that the hiring for the position of chairman must be subjected to a competitive process.  

LSK Chief Executive Officer Florence Wairimu, in an affidavit, says Gaturu did not even apply for the position, neither was she interviewed..

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The lawyers want Justice Olga Sewe to nullify the two appointments made on August 1, last year.

“An order of mandatory injunction be issued compelling the respondents herein to undertake fresh recruitment and appointment for the position of the chairperson and member of the Kenya Law Reform Commission in a manner that strictly conforms to the law,” says Wairimu. 

The recruitment process by the selection panel, she argues, was materially affected by the midstream amendment to the Kenya Law Reform Commission Act.

“However, the amendment to section 8 (1) (b) introduced on December 11, 2022, vide Statute Law Act, 2020, dictated that the number of members of the commission that could be recruited through a competitive process be reduced from two to one, while the appointing authority was changed from the Cabinet Secretary to the AG,” argues Wairimu.

The process should therefore restart under the revised Act.

She points out that despite the interviews having been concluded by the selection panel on July 24, 2020, the process went into a lull for over two years until the appointment of the two.

Agima and Gaturu took oath of office on August 15, last year. By Joackim Bwana , The Standard