NAIROBI, Kenya, Oct 21 – The High Court has ordered the installation of six judges left out of President Uhuru Kenyatta’s judicial appointment in June, within 14 days.
President Kenyatta appointed 34 out of 40 judges nominated by the Judicial Service Commission (JSC), declining to promote six serving judges to superior courts citing undisclosed intelligence reports.
A three-judge bench comprising of Justices George Dulu, William Musyoka and James Wakiaga ruled that the six judges will be deemed to have been appointed after the 14 days lapse consequently upon which Chief Justice Martha Koome should assign them.
JSC had in 2019 presented 40 nominees to the President for appointment as judges of the High Court and Court Appeal who were to be appointed within 14 days. The Head of State however only appointed 34 after a prolonged period, leaving out six nominees.
The three judges said the President had no powers to vet nominees submitted to him for appointment.
They said the President violated the constitution and the bill of rights by discriminating Justices Weldon Korir, Georgia Odunga, Prof. Joel Ngugi, Aggrey Muchelule, Evans Makori and Judith Omange.
The court noted that President Kenyatta relied upon a report from a State which remained a secret having not been produced to the Chief Justice or the JSC.
The judges took issue Attorney General Kihara Kariuki for openly supporting the President in rejecting the six despite having been part of the JSC panel that recommended the appointments.
They accused the Attorney General of conflict of interest.
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