The High Court in Kenya has given President Uhuru Kenyatta a 14-day ultimatum to appoint the six judges he rejected from a list of 40 judges who had been appointed to serve in different courts.
According to the court, upon the expiry of the 14 days, the six judges will be deemed appointed and will be sworn in by the Chief Justice.
The judges include; George Odunga, Joel Ngungi, Aggrey Muchelule, and Weldon Korir among others who had been appointed to serve in the Court of Appeal, Employment and Labour Relations Court and the Environment and Land Court.
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.
In 2021, however, President Kenyatta approved 34 Judges among them; Msagha Mbogholi, Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, Pauline Nyamweya, Jessie Lesiit, and Imaana Laibuta for the Court of Appeal.
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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.
[President Uhuru Kenyatta with CJ Martha Koome during Mashujaa Day celebrations]
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.
The case challenging the rejection was filed by lobby group, Katiba Institute.
Chief Justice and other stakeholders have been calling on the Head of State to appoint the six judges.
"I am aware that on 11th January 2014 the JSC recommended the appointment of 25 nominees as judges, and on June 2014 the President initially appointed 11 of them and subsequently appointed the remaining 14."
"We call upon H.E the President to similarly appoint the remaining 6 judges because the judiciary is still in dire need as the backlog of cases is increasing. We should find a lasting solution so that moving forward, this kind of delay and misunderstanding will be a thing of the past," said the CJ.
While rejecting their appointments, Uhuru said that some of them had integrity issues.
