President Uhuru given 14 days ultimatum to appoint six judges
The High court has ordered President Uhuru Kenyatta to appoint the six Judges he left out in June within the next 14 days.
The three-judge bench comprising James Wakiaga, George Dulu and William Musyoka said should the President fail to honour the order, they will be deemed to be duly appointed and the Judicial Service Commission in conjunction with the Chief Justice will be at liberty to swear them in.
“Upon the lapse of the 14 days, it shall be presumed that his power has expired and his office becomes functus and the remaining six judges shall be deemed duly appointed as judges of highest courts,” the judges said.
The case was filed by activist group Katiba Institute seeking to compel Kenyatta to approve nomination of six judges he left out in his latest Judiciary appointments.
According to the institute, the swearing-in of the 34 violated the constitution as well as the rights of the remaining six.
Kenyatta declined to appoint Justices Weldon Korir, Joel Ngugi, George Odunga, Aggrey Muchelule, Judy Omange and Evans Kiago saying they did not meet the threshold.
However, Chief Justice Martha Koome asked the High Court to dismiss the case challenging Kenyatta’s decision to reject the nomination of six judges.
Koome and JSC argued that they have no powers to stop any judge of a superior court or judicial officer from performing his or her judicial functions.
