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A Twist And Turn For The Six Judges Left Out…
West Mugirango MP Vincent Kemosi, has urged President Uhuru Kenyatta to reconsider his decision of dropping six judges from the list of 41 whose names had been forwarded by the Judicial Service Commission (JSC) two years ago.
The Legislator said that President Kenyatta had violated the Constitution by singling out the six who, according to the Judicial Service Commission (JSC) had qualified for the position.
“Article 166, 1 (b) of the Constitution of Kenya does not bestow the President with powers to decide on who should or should not be appointed as High Court Judge. The President is only mandated to either appoint all the judges presented to him by JSC or drop all of them for that is what our Constitution says and should be followed as such,” stated Kemosi.
In a Gazette notice issued, Thursday, June 3, President Kenyatta appointed 34 judges; 18 to the Environment and Lands Court, Nine (9) to the Employment and Labour Relations Court and Seven (7) to the Court of Appeal.
A Twist And Turn For The Six Judges Left Out…
Among the judges nominated by JSC to join the Court of Appeal but left out during the President’s appointment were Justices Aggrey Muchelule, George Odunga, Weldon Korir, and Prof Joel Ngugi.
JSC recommended names of 41 judges for appointment by President Kenyatta on 29th July 2019 to the Court of Appeal, the Environment and Lands Court, and the Employment and Labour Relations Court.
Meanwhile, the 34 were sworn into office at State House, a ceremony graced by President Uhuru Kenyatta.
The move has thrown the fate of the six into uncertainty and has sparked reactions from legislatures.
Meanwhile, a petitioner in Nakuru wants that the court orders the six judges to be sworn in within 14 days, and in addition, the six judges are allocated duties within 30 days and their pay grades revised immediately to fit their new roles in the judiciary.
The petitioner further wants a declaration from the High Court that President Kenyatta has failed Chapter 6 of the Constitution on leadership and integrity through his actions of cherry-picking judges in the list presented to him by the Judicial Service Commission contrary to the law.
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