Katiba Institute has filed a petition to bar the swearing-in of the 34 judges appointed yesterday by President Uhuru Kenyatta.
In the application, the Katiba institute noted that the 34 judges should not be sworn in until the remaining six are named.
On Thursday, President Kenyatta appointed 34 judges and rejected six others, including Judge George Odunga, Weldon Korir and Aggrey Muchelule.
The President approved Judges Msagha Mbogholi, Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, Pauline Nyamweya, Jessie Lesiit, and Imaana Laibuta for the Court of Appeal.
The Employment and Labour Relations Court judges are Baari Christine Noontatua, Gakeri Jacob Kariuki, Keli Jemima Wanza, Mwaure Ann Ngibuini, Matanga Bernard Odongo Manani, Rutto Stella Chemtai, Kebira Ocharo, Kitiku Agnes Mueni-Nzei, and Nderitu David Njagi.
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Judges appointed to the Environment and Land Court include Mboya Oguttu Joseph, Naikuni Lucas Leperes, Mwanyale Michael Ngolo, Addraya Edda Dena, Kimani Lilian Gathoni, Kamau Joseph Mugo, Wabwoto Karoph Edward, Koross Anne Yatich Kipingor, Gicheru Maxwell Nduiga, Mogeni Ann Jacqueline Akhalemesi, Ongarora Fred Nyagaka, Christopher Kyania Nzili, Mugo David Mwangi, Omollo Lynette Achieng’, Washe Emmanuel Mutwana, Nyukuri Annet, Murigi Theresa Wairimu, and Asati Esther.
But the Kenya Magistrates and Judges Association protested the decision by President Kenyatta on the rejection of the six Judges recommended by the Judicial Service Commission.
The judges were recommended for appointment in 2019, but the Head of State declined to appoint them, creating a cold war between the Executive and the Judiciary.
Then Chief Justice David Maraga on several occasions appealed to the Executive to appoint the Judges, but his call fell on deaf ears.
He even challenged the Executive to share the damning information they had allegedly received on the nominees but did not receive any feedback.
Defending the President’s move not to appoint the judges, Attorney General Kihara Kariuki noted that the Head of State had acquired information that indicated that some of the judges were not suitable for the positions they had been recommended for.