Medic moves to court to compel Uhuru to appoint six judges left out

President Uhuru Kenyatta presided over the swearing-in ceremony of the 34 judges at the State house on Friday, June 4 2021. [File, Standard]

A surgeon has moved to a Nakuru court seeking to compel President Uhuru Kenyatta to appoint the remaining six judges who were left out in his latest Judiciary appointments.

Dr Magare Gikenyi wants the court to order the 34 judges who were sworn in on Friday, June 4, not to assume their office until the six ‘who did not meet the threshold’ are on board.

He argues that the President’s move is unconstitutional, adding there was no room for picking nominees forwarded to him by the Judicial Service Commission as is provided for in the constitution.

Judicial Service Commission (JSC) had conducted interviews and recommended the appointment of 41 judges in 2019 out of which one passed away while awaiting the president’s appointment.

“If the same is left unbated [sic], the independence of the judiciary which Kenyans hold dearly will be lost/eroded,” the petition read in part.

The medic added that the six judges had been discriminated against contrary to article 27 of the Constitution of Kenya (2010).

Article 27 of the Constitution is about equality and freedom from discrimination and states that every person is equal before the law and has the right to equal protection and equal benefit of the law.

The six who were left out are Justices George Odunga, Prof Joel Ngugi, Weldon Korir, Aggrey Muchelule, Evans Makori who is the registrar of the High Court and Judith Omange.

“The said 34 judges have already been sworn in the presence of all respondents at statehouse Nairobi on 4th June 2021 which is contrary to finding/ruling of the court and the constitution which envisages gazettement, appointment and swearing-in of all judges as presented by the JSC,” the petition read.

JSC had forwarded 41 names of judges and magistrates to the president for appointment.

However, on Thursday, June 3, the president gazetted the names of 34 judges leaving out six of them on grounds that they did not meet the threshold, sending their names back to the commission for further scrutiny.

The head of state’s failure to appoint the six judges has elicited mixed reactions, with various stakeholders of the judiciary terming the move as unconstitutional as others urged him to uphold the rule of law.

Association of judges and magistrates KJMA, office of the chief justice is among those who have spoken publicly against the presidents move.

The 34 were sworn in on Friday at State House, a day after their names were gazetted.