A Constitutional Court has dismissed two petitions seeking to compel the president Uhuru Kenyatta to appoint six judges who were among the 41 judges recommended by the Judicial Service Commission for appointment
Justice George Duru, Justice William Msyoka and Justice James Wakiaga said in their judgement that the petition logged by Adrian Kamotho Njenga and Dr. Magare Vikenyi has been overtaken by events since a similar court had issued similar orders in the year 2020 compelling the president to appoint the six judges.
They urged that the orders have the president 14 days to comply and failure to which the six judges will have presumed dully appointed.
The six judges include Aggrey Muchelule, George Odunga, Weldon Korir and Joel Ngugi, who were to serve in the Appellate Court, Chief Magistrate Evans Makori and High Court registrar Judith Omange were also omitted from the list of judges gazetted.
The bench pointed out in their judgment that there is a pending appeal arising from the orders issued by the high Court in the year 2020.
“The president did not act on orders of 6th February 2020 leading to filing of the Nairobi High Court constitutional petition No 206 of 2020,” reads part of the the ruling.
By Rodgers Oduor