A medical doctor in Nakuru County has moved to court to nullify the appointment and swearing in of 34 judges – By Gerald Gekara.
Dr. Gikenyi Magare contends that the President’s action is unlawful, noting that the constitution does not allow him to choose nominees presented to him by the Judicial Service Commission (JSC).
“If the same is left unbated, the independence of the judiciary which Kenyans hold dearly will be lost/eroded,” the petition read in part.
The physician went on to say that the six judges had been treated unfairly, in violation of Article 27 of Kenya’s Constitution (2010).
Article 27 of the Constitution addresses equality and freedom from discrimination, stating that everyone is equal before the law and has the right to equal protection and benefit from the law.
“The said 34 judges have already been sworn in the presence of all respondents at statehouse Nairobi on 4th June 2021 which is contrary to finding/ruling of the court and the constitution which envisages gazettement, appointment and swearing-in of all judges as presented by the JSC,” the petition read.
The six who were left out are Justices George Odunga, Prof Joel Ngugi, Weldon Korir, Aggrey Muchelule, Evans Makori who is the registrar of the High Court and Judith Omange.
JSC had forwarded 41 names of judges and magistrates to the president for appointment.
However, on Thursday, June 3, the president published the names of 34 judges, excluding six of them because they did not achieve the criterion, and referring their names back to the committee for additional review.
The inability of the president to appoint the six judges has prompted conflicting reactions, with some in the judiciary calling the move illegal, while others encouraged him to maintain the rule of law.
The Association of Judges and Magistrates (KJMA) and the Chief Justice’s Office are among those who have openly criticized the president’s decision.
