How verdict on judges puts separation of powers in peril

President Uhuru Kenyatta and CJ Martha Koome. [File, Standard]

There is no doubt that the High Court decision on Thursday on the six remaining judges is monumental. For the unaware, the Judicial Service Commission, in the exercise of its powers under Articles 166 and 172 of the Constitution, recommended 41 judges for appointment by the President.

After a long tussle with the JSC, the President appointed 34 of the judges after the exit of former CJ Maraga, leaving out six. The Constitution clearly states that upon a recommendation by the JSC, the President “shall appoint” the judges....