By WAHOME THUKU
The impending appointment of 25 new High Court judges could raise fresh conflict between the Judiciary and the Executive.
This could happen if President Uhuru Kenyatta declines to accept the recommendation by the Judicial Service Commission (JSC) to appoint the new judges. The President had already suspended six members of the JSC and though the suspension was temporarily reversed by the High Court, the matter is still pending in court and could raise legal questions on the appointments.
It’s not clear if Uhuru will implement recommendations of a body, whose members he suspended and appointed a tribunal to investigate their conduct following a report by Parliament. Among those who the JSC has recommended for appointment is Margaret Waringa Muigai, Attorney General Githu Muigai’s wife.
She was until her appointment the Deputy Director of the Kenya School of Law. The others are Waweru Kiarie, Olga Akech Sewe, Stephen Riechi, Enock Chacha Mwita, Patrick Otieno Okwaro, Crispine Beda Nyangila, Robert Kipkoech Limo, Antony Kimani Beda, Thande Mugure, Margaret Mwangi, Stephen Githinji, Dora Chepkwony and Asenath Nyaboke Ongeri.
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Appointees
Others are Lucy Mihaki Njuguna, Antony Charo Mrima, Janey Nzilani Mulwa, John Mutunga Mativo, Sheikh Mohamed Farah, Reuben Nyambati Nyakundi, Joseph Louis Omondi, Charles Mutungi Kariuki, Roselyne Ekirapa Aburili, Justus Momanyi Bwonwong’a and Winfrida Adhiambo Okwany. According to the Law Society of Kenya chairman Eric Mutua, the President is mandated to accept the names and appoint the judges. “If our country believes in the rule of law, then he (President) has no choice than to execute his constitutional obligation,” Mutua said.
Under the Constitution, the President in accordance with the recommendations by the JSC appoints all High Court judges.
According to Chief Justice Willy Mutunga, those recommended for appointment were interviewed after the January 25, 2013 advertisement in which JSC sought to recruit 40 judges. He said JSC sat on January 10 and recommended the appointments.
That, however, was only a month after a move to suspend some of the commissioners was temporarily reversed by the High Court.
