Judges rejected by Uhuru awarded Sh126 million

President William Ruto (centre) and Justices Joel Ngugi, Weldon Korir, Aggrey Muchelule and George Odunga after they were sworn as Court of Appeal Judges at State House, Nairobi on September 14, 2022.  [File, Standard]

It is a major win for six Judges rejected by former President Uhuru Kenyatta over alleged integrity concerns after the High Court awarded them Sh126 million as compensation for violation of their rights.

In his judgment, Justice Chacha Mwita awarded each judge Sh15 million in damages and Sh5 million as exemplary damages.

Justice Mwita ruled that the former president was required to appoint the six Judges within a reasonable timeframe but failed to do so.

He considered the humiliation and mental anguish the Judges endured due to the president's actions, particularly given the Judicial Service Commission's (JSC) recommendations.

"The Constitution doesn't give him discretion when it comes to appointing Judges. What he did left the six in an awkward position full of anxiety about what was happening and why they would be appointed," said the Judge.

Justice Mwita said the court award was compensation for violation of the  rights of Court of Appeal Judges Weldon Korir, Aggrey Muchelule, George Odunga, and Joel Ngugi, along with Environment Court Judges Makori Evans Kiago and Cheruiyot Omange Judith Elizabeth.

The Judges led by Justice Muchelule, filed a case in 2023, asserting that they were never issued with an explanation for the rejection of their appointment.

The JSC had recommended their appointment on July 22 and August 13, 2019, but President Kenyatta declined, citing intelligence reports that deemed them unfit for judicial office without disclosing the specifics of those reports.

Justice Mwita criticized the president for subjecting the judges to public humiliation through statements insinuating their unfitness for office, despite their successful completion of rigorous interviews.

"There can be no worse violation than when a president of a country makes public statements and innuendos casting aspersions of the suitability of state officers to serve in the position they had been recommended to," he said.

The Judge said that the delay in their appointments violated the judges' rights, and they should have been provided with written reasons for the president's decision.

Justice Mwita faulted the president for failing to make the appointments saying his action was unlawful as he didn't have the discretion to do so.

"The petitioners had to endure negative speculation on why they had not been appointed injuring their dignity," he said.

He asserted that human rights and fundamental freedoms are not to be curtailed.

Granting compensation, the Judge said will act as a deterrence against similar violations in the future.

"It will send a clear message and remind state that rights must be protected and respected as demanded by the constitution," he said.

Furthermore, Justice Mwita declared that the former president's actions aimed to undermine judicial independence, the rule of law, and human rights.

He ruled that the failure to appoint the six judges constituted a violation of the Constitution.

The six judges were subsequently sworn in by President William Ruto after he took office in September 2022.