AG opposes city lawyer’s proposal on judges hiring

Wednesday, September 9th, 2020 00:00 |
Attorney General Kihara Kariuki at a past event. PD/File

Attorney General Kihara Kariuki has opposed a move by a city lawyer to have 41 judges appointed without President Uhuru Kenyatta approval. 

While opposing the petition, the AG through a preliminary objection told the court that a petition filed by lawyer Adrian Kamotho Njenga is in bad in faith and is sub-judicial.

He faulted the lawyer claiming that the appointment of persons recommended as judges should be stringently finalised within 14 days.

According to the AG, the matter is an non-issue as it relates to the recommendation and appointment of 41 persons as judges to various superior courts by the Judicial Service Commission (JSC) is Res Judicata having been subject of determination in a public interest litigation. 

The AG said issues raised in the petition are same issues that were determined by the judgement of February 6 and the case should be dismissed since similar claim has been instituted before the High Court in Nairobi by the Katiba Institute.

“The Judgement and orders of the High Court that the Petitioner seeks to enforce in the present petition are subject of appeal.”


The move comes after a stand-off has been witnessed between the Executive and the Judiciary over the failure by President Uhuru Kenyatta to appoint the 41 judges as recommended by JSC.

The Judiciary has already closed the Court of Appeal operations in Nyeri, Kusumu and Malindi due to lack of enough judges to serve after president declined to appoint recommended judges who he claims have questionable character. 

The High Court in February ruled that the Head of State had violated the constitution and that he no option but to appoint the judges.

The court also ruled that the President would have facilitated the appointments within 14 days. Following the ruling, lawyer Njenga filed another petition to enforce the judgement. 

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