President Uhuru Kenyatta’s selective appointment of 34 Judges has been met with sharp criticism by legal experts as well as political adversaries.
The Judges and Magistrates Association is the latest to voice their concerns.
Citing disappointment, the association said the move is in violation of the constitution since the JSC nominations are subject to full adherance or as Maraga would call it… all or nothing.
“Once the JSC has recommended names for appointment, the President has no power to tinker with the names. Any such attempt amounts to interference with the Institutional Independence of the JSC, violation of the Constitution and in particular, the rule of law which the President swore to uphold” the statement read.
A similar point of view is maintained by Law Society of Kenya (LSK) President Nelson Havi and Rarieda politician Otiende Amollo, who argue that the President has no authority to determine whether or not to appoint a judge based on the recommendation of the JSC.
Prof Makau Mutua, a Kenyan-American law professor at SUNY Buffalo, has urged Chief Justice Martha Koome to speak out against the action.
He further suggests that the 34 Gazetted judges refuse their appointment until their colleagues are placed on the list.
