Okiya Omtatah, an activist, has challenged the Judicial Service Commission’s (JSC) recent appointment of seven new judges to the Court of Appeal.
Omtatah claims in his petition that the decision was irregular, unlawful, and unconstitutional because it appointed seven judges when only six vacancies were advertised.
He claims that it is nearly impossible for the JSC to appoint seven people to fill six (6) vacancies.
Omtatah wants the court to prevent the seven judges from taking office until his case is heard.
He also accused JSC of discriminating against Employment Court and Environment Court judges, claiming that none of the judges from the two divisions who applied were considered.
“In fact, as things stand today,” he claims, “the outcome of the recruitment was already predetermined against appointing any judge of the two courts to the Court of Appeal.”
Despite the fact that disputes over decisions made in the two courts are heard by the Court of Appeal, Omtatah claims that the JSC has never appointed judges from the two courts to the Court of Appeal.
Omtatah submitted that the importance of diversity at the Court of Apeal cannot be overstated.
President Uhuru Kenyatta appointed the seven appellate judges as recommended by the JSC in a gazette notice dated July 19,2022.
The seven Judges are; Abida Ali Aroni, Grace Wangui, John Mativo, Fredrick Ochieng, Lydia Achode, Paul Mwaniki, and Luka Kimaru.
