Nakuru-based medic sues Kihara, Koome over ‘illegal’ swearing in of 34 judges

Sunday, June 6th, 2021 09:07 |
Recently Gazetted judges of the Court of Appeal and various Divisions of the High Court arrive at State House, Nairobi for their Swearing-in Ceremony presided over by His Excellency President Uhuru Kenyatta.

A Nakuru-based doctor has sued Chief Justice Martha Koome and Attorney General Paul Kihara for witnessing "illegal" swearing in of the 34 appointed judges at State House on June 4, 2021.

Under a certificate of urgency filed in Nakuru, Dr. Magare Gikenyi Benjamin said the two witnessed the swearing in of a section of the interviewed judges despite the Constitution requiring the President to appoint all judges as recommended by the Judicial Service Commission (JSC).

In a Gazette notice dated June 3, President Uhuru Kenyatta appointed 34 of the 41 judges forwarded to him by the JSC in 2019.

"That this action is unconstitutional as there is no room of cherry picking of the 1st Interested Party (JSC) nominees once forwarded to the President," Magare said in a certificate of urgency dated June 5.

He added: " That the six judges and magistrates that is Hon. Justice George Vincent Odunga, Hon. Prof.Justice Joel Mwaura Ngugi, Hon. Justice Weldon Kipyegon Korir, Hon. Justice Aggrey Muchelule Otsyula, Hon. Evans Makori Kiago and Hon. Judith Elizabeth Omange Cheruiyot have been discriminated against contrary to article 27 of the constitution(2010)."

Magare further said the action by the President, AG Kahara and CJ Koome will lead to loss of public confidence, anarchy, outright discrimination and abuse of power and the political class against independent institutions.

"It is important to maintain constitutionalism, rule of law, law and order, good governance, non-discrimination and protecting of the constitution," he said.

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