Uhuru’s Rejection of the Six Judges for Appointment Stalemate


Uhuru's Rejection of the Six Judges for Appointment Stalemate

Supreme Court of Kenya

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The Judicial Service Commission is barred by the High Court of Kenya from publicizing an alleged report by President Uhuru Kenyatta on the rejection of six judges who had been recommended for appointment.

According to orders issued by Justice James Makau, the JSC will not consider any petition for removal of the six judges from office.

Nevertheless, any report connected to the nominees that is injurious to their integrity is also not be publicized by the Commission.

The Report

Further, based on the alleged President’s report the commission will not on its own motion initiate or interfere with the functions of the six judicial officers .

The Commission is also barred from convening a meeting to discuss the six justices .

Additionally, the commission is barred from recommending a meeting on action against them following alleged adverse mention in the report.

Until determination of a case filed by lawyer Bernard Odero Okello challenging the President’s decision ,Justice Makau’s orders will remain in force.

Mr. Okello petitioned against the snubbing of Justices George Odunga, Aggrey Muchelule and Joel Ngugi .

Weldon Korir, Evans Makori as well as High Court deputy registrar Judith Omange.

Intimidation of JSC

According to Mr Okello’s report papers, the declining to appoint the six judges by the President is interfering with the independence of the JSC.

It is a violation of the Constitution for the Executive to vet and investigate the six judicial officers and make a recommendation to the JSC on their integrity

said Mr. Okello.

 He further argues that the authority to vet and investigate judges is reserved for the JSC.

The President has discriminated against the six judges.

Article 27(3) of the Constitution decrees that all citizens have the right to equal treatment including the right to equal opportunities

says Mr.Okello.

He also argues that the Mr Kenyatta violated the Constitution by selecting 34 names from the list of 41 nominees that was forwarded to him by the JSC two years ago.

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