High Court Gives President Kenyatta 14 Days to appoint Judges

NAIROBI,Kenya, Oct, 21 – The High Court of Kenya in a ruling has now given president Uhuru Kenyatta 14 days to ensure that he appoints six judges he omitted from a list recommended by the Judicial Service Commission (JSC) for various promotions.

The three-judge bench comprising of James Wakiaga, George Dulu and William Musyoka, said that failure by the president to honour the order, the Chief Justice will be obligated to organise their swearing-in.

“Upon lapse of the 14 days without Mr Kenyatta making the appointments, it will be presumed his power/authority on the issue is expired and the six nominees will be deemed as duly appointed to their respective offices,” Ruled the High Court.

They six justices include: Justice Korir Weldon Kipyegon, Muchelule Aggrey Otsyula, Odunga George Vincent and Joel Mwaura Ngugi.

Mombasa chief magistrate Evans Makori and High Court deputy registrar Judith Omange.

The High Court also ruled that the Presidency will bear costs of the petition that was filed by Katiba Institute.

The JSC had recommended 40 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.

The cold-war like relationship between the Executive and Judiciary regarding the appointment of the judges 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.

Former chief justice 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.

Chief Justice Martha Koome during her assumption of office ceremony assessed two reports on the state of the Judiciary presented to her and vowed to protect the independence of the Judiciary even as she sought to prioritize the appointment of more judges and magistrates.