The High Court has barred any investigation or prosecution by Judicial Service Commission(JSC) of the six rejected judges based on the alleged report sent by President Uhuru Kenyatta.
Kenyatta declined to appoint Justices Weldon Korir, Aggrey Muchelule, George Odunga and Prof. Joel Ngugi, saying they did not meet the threshold.
The nomination of two other candidates; Makori Evans Kiago and Judith Omange Cheruiyot, was also declined.
Justice James Makau said that the President is to appoint all judges in accordance with the Constitution.
“Article 166 of the Constitution provides that the President shall appoint…all other judges in accordance with recommendation of the JSC..” said Justice Makau.
He also barred JSC from interfering with the functions of the six nominees.
Further, JSC has also been barred from convening, recommending in a meeting or through any form any action against the six judges.
Makau also prohibited the state from making public the report that occasioned the refusal by Uhuru to appoint the six nominees.
According to Makau, he has considered the issuance of the interim order and he is satisfied that the petitioner has demonstrated a prima facie case with a likelihood of success.
“If interim orders are not issued, he will suffer prejudice,” said Makau.
The court orders comes after petitioner Benard Okello told the Judge that the President has discriminated the six judges.
President’s move sparked an uproar by legal teams.