NAIROBI, Kenya, Jun 3- President Uhuru Kenyatta has finally appointed Judges set to serve in different courts close to 2 years since they were recommended by the Judicial Service Commission (JSC).
The JSC had recommended 41 Judges subject to appointment by the president to the Court of Appeal, the Environment and Land Court and Employment and Labour Relations Court in July 2019.
In a gazette notice issued on Thursday, 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.
Those left out are seen as firm and have issued unfavorable rulings against the government.
7 judges have now been appointed to the Court of Appeal.
They include Msagha Amraphael Mbogholi, Omondi Hellen Amollo,Ngugi Grace Mumbi, Francis Tuiyott, Nyamweya Pauline Nyaboke, Lesiit Jessie, and Kibaya Imaana Laibuta (Dr.)
Surprisingly, 4 other judges recommended by the JSC for appointment to the Court of appeal were rejected.
They include 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 the 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.
The court further ruled that President Kenyatta could be sued in his personal capacity, having failed the leadership and integrity test since he violated the constitution by initiating a process ought to have been started by ordinary Kenyans.
It was a ruling that seemed to irk the president and his foe-cum-friend former prime minster Raila Odinga who pledged to challenge the decision at the highest court in the land.
“From the nullification of a presidential election in 2017 and an attempt to subvert the will of the people through BBI, the Judiciary has tested our constitutional limits,” the President said during the Madaraka Day celebrations on Tuesday.
Lawyer Cliff Ombeta on his twitter page said, “He has no discretion (President Kenyatta) rejection of the others is null and void. ”
Senior counsel Ahmednasir Adbdullahi termed the decision as, ’executive cherry picking’ further terming the decision as totally unacceptable as he called for justice for the two.
Former senate Majority Leader Kipchumba Murkomen on his twitter page congratulated the Judges that had been appointed citing needless and inordinate delayed by the executive.
“In a blatant violation of the Constitution the President is using the opportunity to punish Judges he doesn’t like and this is a very dangerous path.He is setting a bad precedent,” the vocal legislator said.
Professor Makau Mutua called for the total boycott of the appointment by the other judges until the entire list by JSC is included.
“BBI judges Joel Ngugi and George Odunga have been denied elevation to the Court of Appeal. Mr. Kenyatta can’t choose which provisions of the constitution to obey, or disregard,” Prof Mutua said.
In the Gazette Notice, other judges were appointed to the Employment and Labour Relations Court.
They include Baaari Christine Noontatua, Gakeri Jacob Kariuki, Keli Jemima Wanza, Mwaure Ann Ngibuini, Matanga Benard Odongo Manani, Rutto Stella Chemtai, Kebira Ocharo, Kitiku Agnes Mueni-Nzei and Nderitu David Njagi.
Other judges appointed to the Environment and Land Court include: Mboya Oguttu Joseph, Naikuni Lucas Leperes, Mwanyale Michael Ngolo, Addraya Edda Dena, Kimani Lilian Gathoni, Kamau Joseph Mugo, Wamwoto Karoph Edward, Koross Anne Yatich Kipingor, Gicheru Maxwell Nduiga, Mogeni Ann Jacqueline Akhslemesi, Ongarora Fred Niagara, Christopher Kyania Nzili,Mugo David Mwangi, Omollo Lynette Aching’ , Washe Emmanuael Mutwana, Nyukuri Anet, Murigi Theresea Wairimu and Asati Esther.
The cold-war like relationship between the Executive and Judiciary regarding the appointment of the judges has spanned almost two years, at its height pitting President Kenyatta and emeritus Chief Justice David Maraga at loggerheads.
Maraga attributed the problems facing the Judiciary to the president refusal to appoint the judges.
“Despite clear provisions in the Constitution and three court orders,the President has failed to appoint the 41 judges,now 40 because one of them has since died…recommended to him by the Judicial Service Commission. “Both the High Court and the Court of Appeal have been categorical that the President has no residual legal power to question or reject the names given to him by the JSC, but to appoint them,” former CJ Maraga said.
Maraga further warned that if the President was allowed to cherry-pick from the list of nominees, the independence of the Judiciary would be irreparably ruined and the presidential mischief and patronage in the appointment of judges that was prevalent under the old Constitution would be restored.
He advised the President to present his reservations regarding the integrity of the nominated Judges to the JSC for investigations.
In the last two years, the Judiciary has been battling the shortage of Judges which Maraga said led to a paralysis of its operations.
“The Judiciary’s performance would certainly have been a lot better, but for three reasons: Interference with and frustration of its independence, refusal to grant it financial autonomy and disobedience of court orders,” he said at the launch of the State of the Judiciary and the Administration Justice report for the 2019-2020 year at the Supreme Court in Nairobi.
Current Chief Justice Martha Koome who is currently assessing two reports on the state of the Judiciary presented to her during the ceremony of assumption of office at the Supreme Court on May 24 vowed to protect the independence of the Judiciary even as she seeks to prioritize the appointment of more judges and magistrates.
Tectonic plates in the legal sphere are bound to change in the coming days as legal experts will no doubt continue to challenge the president’s recent move.
Want to send us a story? Contact Shahidi News Tel: +254115512797 (Mobile & WhatsApp)
