Katiba Institute challenges the appointment of 34 Judges, omission of six by President Uhuru

Katiba Institute has filed an application at the High Court, challenging the appointment of the 34 Judges and omission of six nominees by President Uhuru Kenyatta.

According to the institute, the swearing-in of the 34 will violate the constitution as well as the rights of the remaining six.

In an application filed through their lawyer Dudley Ochiel, the Institute argued that Article 166( 1) commands the President to appoint judges of superior courts in accordance with the recommendation of the Judicial Service Commission (JSC).

They termed the President’s move as ‘cherry-picking’ which undermines the functions of the JSC.

“The cherry-picking and selective appointment or swearing in of judges undermines the functions and powers of the Judicial Service Commission and the functioning of the Judiciary. It also is an improper extension of the role of the Executive and has created a constitutional crisis,” reads part of the application.

The Institute now wants the court to issue a further order of prohibition stopping the Chief Justice and the JSC from assigning duties to judges appointed from a partial list of the 40 nominees — contrary to the recommendation of the JSC in 2019.

In a Gazette Notice issued yesterday evening, the Head of State rejected the appointment of six judges who were recommended by the JSC more than two years ago.

He 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.

Justices Odunga and Ngugi were among the five judges that nullified the Building Bridges Initiative(BBI) bill.

The names of the rejected candidates have been referred back to the commission.