Judges, magistrates say President Uhuru has no power to reject other judges

Kenya Judges and Magistrates Association has said the President has no power to reject other judges, who were recommended by the Judicial Service Commission (JSC), out of his appointment.

This comes after a gazette notice issued yesterday evening, by President Uhuru Kenyatta rejecting the appointment of six judges.

In a press statement, the association stated that once the JSC has recommended names for appointment, the  President has no power to tinker with the names.

In a statement released to the media and signed by its secretary  general Derrick Kuto, KMJA says that was done yesterday and gazetted.

“Any such attempt amounts to interference with the institutional independence of the  JSC, violation of the Constitution and in particular, the rule of law which the President swore to uphold. The decision by to leave out the six is therefore baffling, unfounded and patently unconstitutional. ” reads part of the statement.

The association accused Kenyatta of violating the Constitution and the JSC over failure to appoint all the 40 judges.

According to them, the President is setting a bad precedent for this country, one of not following the rule of law and disobedience of court orders.

KMJA has called upon the President to respect the rule of law.

“Prior to the promulgation of the Constitution of Kenya 2010, the  President had power to appoint judges. Kenyans voted to have a Constitution that gave JSC the power to recommend judges for appointment by the President. The JSC, in exercise of its mandate under the Constitution and the Judicial Service Act, nominated 41 judges for appointment to the  Court of Appeal, Employment and Labour Relations Court and Environment and Land Court. One has since passed on. May his soul rest in peace,” stated the statement.

The association added that in a petition Number 369/19, the High Court of Kenya pronounced itself  on this issue that the President is constitutionally bound by the  recommendation made by JSC in accordance with Article 166(1) as  read with article 172(1)(a) of the Constitution on the persons to be appointed as judges.

Further, they added that the continued delay to appoint the persons recommended for appointment as judges of the respectful courts was and still remains a violation of Articles 2(1),  3(1), 10, 73(1)(a), 131(2)(a), 166(1), 172(1) and 249(2) of the Constitution.

The Head of State rejected the appointment of six judges who were recommended by the Judicial Service Commission (JSC) more than two years ago.

Kenyatta declined to appoint Justices Weldon Korir, Aggrey Muchelule, George Odunga and Prof. Joel Ngugi, saying they did not meet the threshold.

Justices Odunga and Ngugi were among the five judges that nullified the BBI bill.