Uhuru stays put, moves to challenge ruling compelling him to appoint six judges he rejected
President Uhuru Kenyatta has moved to the Court of Appeal to challenge a decision by the High Court that sought to compel him to appoint six judges he previously declined to approve.
The High Court had ordered the president to appoint the six judges out of the 40 judges he declined to approve in June this year, within 14 days.
High Court Judges William Musyoka, James Wakiaga and George Dulu ruled that Chief Justice Martha Koome and the Judicial Service Commission shall have the power to swear the six judges should President Kenyatta fail to do so within the given period.
“Upon the lapse of the 14 days, without Uhuru having made the appointment it shall be presumed that his power to make them has expired and his office becomes functus so far as the appointments are concerned and the six nominees shall be deemed duly appointed effective from the date of default as Judges of superior courts for which they were recommended," the judges ruled.
President Kenyatta has, however, termed the order by the High Court unconstitutional noting that the ruling was meant to create conflict between his office and that of the Chief Justice.
"Unless this Honourable Court issues an order staying the execution of the judgment and orders of the superior court of 21st October 2021 pending the hearing and determination of the intended appeal, the appeal, if successful, will be rendered nugatory as the six nominees would have been deemed to —have been appointed in breach of the express wording and spirit of the Constitution," the petition read in part.
The six judges in contestation include George Odunga, Aggrey Muchelule, Weldon Korir and Joel Ngugi. Others include Chief magistrate Evans Makori and High Court registrar Judith Omange.