A decision by President Uhuru Kenyatta to appoint 34 out of the 40 judges recommended by the Judicial Service Commission (JSC) has not augured well with a section of top lawyers and legal scholars in the country.
In a Gazette notice on Thursday, President Kenyatta confirmed the appointment of 34judges, leaving out six on grounds that they have a questionable record.
Some of the judges left out include; Joel Ngugi, George Odunga, Weldon Korir and Aggrey Muchelule all of whom were recommended for appointment to the Appellate Court.
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Reacting to the President’s move to reject some nominees, a section of lawyers have urged Chief Justice Martha Koome to take decisive action against the Executive.
In a tweet, Senior Counsel Ahmednasir Abdulahi noted that CJ Koome and the JSC should take a stand that either all judges are appointed or none will be sworn-in.
“I think CJ Koome and JSC must have an emergency meeting and resolve unanimously to engage H.E Uhuru with one agenda: "Appoint all 40 judges or none will come for swearing in State House",” he tweeted.
His point was echoed by Professor Makau Mutua who noted that: “CJ Martha Koome must speak up — now! It’s now, or never.”
On his part, Law Society of Kenya (LSK) President Nelson Havi said: “For Chief Justice Emeritus David Maraga it was all 40 Judges or none, a stand supported throughout by LSK. Chief Justice Martha Koome has weakened the Judiciary by conceding to the rejection by Uhuru Kenyatta of four Judges and two Magistrates. No congratulations from me.”
Their stand was also backed by former Mukurweini Member of Parliament Kabando wa Kabando who tweeted that: “President Uhuru has predictably trashed CoK. CJ Martha Koome should protect CoK by refusing swearing of any until all 40 gazetted. The 34 Judges should decline being sworn until all 40 are gazetted. Real test on Chief Justice Martha Koome starts today. Trailblazer or puppet?”
