The radical proposal comes at a time JSC is locked in a vicious tussle with the Executive, after President Uhuru Kenyatta declined to appoint 41 new judges proposed by the commission.

On advise of the National Intelligence Service, President Kenyatta says some of the judges are tainted but Chief Justice David Maraga holds that he has no choice, in law, but to make the appointments.

Maraga called a rare press conference last week, flanked by no other official from the Judiciary or the commission, to blast the Executive, and lamented that he was frustrated after failing to secure an appointment with the President to resolve the matter.

And on Tuesday, Kitonga, who played a key role in writting the current constitution, under which JSC was established, said the new face of the commission should the Treasury Cabinet Secretary in place of the AG "because as part of government, he (Treasury CS) is able to advise the JSC on the budget available for recruitment of judges."

Chief Justice David Maraga is the current chairperson of JSC with membership drawn from the High Court, Court of Appeal and the Supreme court- with each contributing a member, the AG, 2 advocates, a presentative of the Public Service Commission and 2 appointees of the President.