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Court Dismisses Petitions Seeking To Compel Uhuru To Appoint Judges

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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.

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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

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