6 Judges Finally sworn-In After Years of Waiting

NAIROBI, Kenya, Sept, 15 – Six judges that were recommended for various promotions by the Judicial Service Commission (JSC) and later saw their swearing-in delayed have finally seen their dreams fulfilled.

The six were sworn in at State House Nairobi in front of President William Ruto.

Former Chief Justice David Maraga was also in attendance.

Ruto appointed the six after his inauguration in what was also one of his campaign pledges.

Their appointment has been rejected by former president Uhuru Kenyatta.

“Congratulations to the new judges that have been sworn in. You have my very best wishes as you engage in your mandate and responsibilities as you serve Kenyans,” said President Ruto.

The JSC had recommended 41 Judges subject to appointment by the president to the Court of Appeal, the Environment and Land Court, and the Employment and Labour Relations Court in July 2019.

In a gazette notice last year, the president appointed 34 out of the 41 recommended Judges for appointment in turn rejecting 6 as observers termed the move by the President as a blatant disregard and violation of the constitution.

The judges recommended for appointment to the Court of Appeal included Justice Korir Weldon Kipyegon, Muchelule Aggrey Otsyula, Odunga George Vincent, and Joel Mwaura Ngugi.

It is worth noting that justice Joel Ngugi and George Odunga were part of a five-judge bench of the High Court that issued a scathing verdict that barred fundamental changes to Kenya’s 2010 constitution.

It’s a ruling that legal critics described as one of the most significant since the nullification of the presidential election in 2017 by the country’s Supreme Court.

The Judges in their ruling deemed the constitution amendment bill, popularly referred to as the Building Bridges Initiative (BBI) as irregular, illegal and unconstitutional.

“As long as I am president I will choose the right over the convenient, I will choose the hard over the easier choice. I am not doing this for myself, but for the people of Kenya and for posterity,” said Kenyatta during the swearing-in of 34 judges who serve in various courts.

President Kenyatta also left out chief magistrate Evans Makori and High Court registrar Judith Omange, who were recommended to be judges of the labour court.

Ruto further in his speech said the they would respect the Judiciary and its decisions in order to consolidate its place in the country’s constitutional and democratic dispensation.

Also, his administration is also expected to scale up the budgetary allocation to the Judiciary.

“Our campaign for financial independence of the Judiciary has paid off with the implementation of the Judiciary Fund, on July 1 st this year. My administration will scale up the budgetary allocation to the judiciary by an additional Ksh 3 billion annually for the next 5 years,”

He said that the resources would support the bottom-up scaling of justice by increasing the number of small claims courts from the current 25 to 100.

“We will also work with the Judiciary to build High Courts in the remaining 7 counties, magistrates courts in the remaining 123 sub-counties and support their ongoing digitization program. These interventions will empower the Judiciary to adjudicate and expeditiously conclude corruption cases, commercial disputes, and all other matters, thereby enhancing access to justice and efficiency in the Judiciary,”

The Judiciary has for years pleaded with the legislative bodies to ensure they receive adequate funds to run their operations.