Court of Appeal Suspends Order Compelling Uhuru to Appoint Rejected Judges

From left: Justices George Odunga, Joel Ngugi, Weldon Korir and Aggrey Muchelule [Photo/Courtesy]

The Court of Appeal has suspended a judgment issued by the High Court directing President Uhuru Kenyatta to appoint six judges he rejected in 14 days.

This is following an appeal filed by the Head of State last week.

Justices Roselyn Nambuye, Wanjiru Karanja and Imaana Laibuta have granted the orders pending a ruling on November 19.

The six were among 41 judges recommended by the Judicial Service Commission (JSC) for appointment by the President.

They are; Aggrey Muchelule, Weldon Korir, Joel Ngugi, George Odunga, and Judith Omange.

Read: Court Orders President Uhuru to Appoint Rejected Six Judges in 14 Days

In a petition filed through lawyer Charles Waweru Gatonye, President Uhuru told the Appellate Court that the ruling by the High Court is likely to create conflict between his office and that of the Chief Justice.

“Unless this Honourable Court issues an order staying the execution of the judgment and orders of the superior court of 21st October 2021 pending the hearing and determination of the intended appeal, the appeal if successful, will be rendered nugatory as the six nominees would have been deemed to —have been appointed in breach of the express wording and spirit of the Constitution,” reads the petition which has been certified as urgent.

The president further argues that the High Court ruling “is clearly an attempt to rewrite or otherwise amend the Constitution in a manner not contemplated under Chapter 16 of the Constitution”.

Also Read: High Court Blocks any Attempt to Eject Six Judges Rejected by Uhuru from Office

In a ruling delivered on October 21, a three judge-bench ordered the Head of State to appoint the six judges in 14 days failure to which they will be deemed appointed as it will be presumed his power/authority on the issue is expired.

The trio — Justice James Wakiaga, George Nduru, and William Musyoka — noted that the President violated the constitution in his decision to fail to appoint the nominees.

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Written by Wycliffe Nyamasege


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