An advocate, Peter Mabuka, has written to the Judicial Service Commission (JSC) questioning their recent decision to advertise for vacancies while six judges are yet to be sworn in.
The advertisement seeks the recruitment of six Court of Appeal and twenty High Court judges. The advert was published in the local dailies on the March 4.
“Our client wants to know whether the judges yet to be sworn in are considered to occupy those positions,” the letter reads.
Mabuka seeks to find out whether the advertisement resulted from the Presidential action of refusing to appoint the judges.
“Our client is reiterating that the recent job advertisement may violate the constitutional rights of the six judges and work against the principle of legitimate expectation,” said Mbaluka.
The JSC had recruited in the past and recommended to the President a list of names for the position of judges to the Court of Appeal and the Environment and Lands Court. Thirty out of forty were appointed.
The judges include Justices Joel Ngugi, Aggrey Muchelule, George Odunga, Weldon Korir, Registrar of the High Court Judith Omange and Chief Magistrate Evans Makori.