The Kenya Magistrates and Judges Association has protested the decision by President Uhuru Kenyatta to rejection six Judges recommended by the Judicial Service Commission for appointment to the Court of Appeal.
In a statement on Friday, the association noted termed the president’s decision as unconstitutional and failure to follow rule of law.
In a Gazette notice on Thursday, President Kenyatta confirmed the appointment of 34 judges, 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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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.
The Chief Justice then, 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.
“I have challenged the Executive to table before the JSC the alleged information of lack of integrity it has against some of the 41 nominees. Some of the individuals the Executive claims to have adverse information against are serving judges,” Maraga said.
Defending the President’s move not 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.
“His Excellency the President will not abdicate his role as Head of State and Government to appoint persons with a questionable record to serve the nation in the solemn role of judge,” AG Kihara said back then in response to Maraga’s presser.
Meanwhile, the move to appoint 34 judges and reject six has elicited massive reactions with senior lawyers calling on Chief Justice Martha Koome to take decisive action.
