The High Court has delt a blow to the Appellate Court Judges whose appointment was declined by President Kenyatta
The high court dismissed a case in which lawyer Adrian Kamotho requested that the Chief Justice Martha Koome swear in the remaining judges who had not been appointed to the court of appeals.
The court ruled that there is an ongoing case before the court of appeals.
“Our conclusions above lead us to the only logical conclusion that the petition herein has no merit because the interested parties, to whom the orders of Mandamus are directed, have not failed to act, and the duty sought to be enforced or compelled has not arisen or crystallised,” the court stated.
In a similar case, the three-judge bench agreed that the six judges had been discriminated against but declined to order compensation, stating that each of them should have stated how they had suffered individually.
