Chief Justice Martha Koome will appeal the High Court’s decision on the appointment of the six judges rejected by president Uhuru Kenyatta.
According to a statement by the Judiciary on Thursday, Koome is not satisfied with the ruling that ordered president Kenyatta to appoint the six judges within a 14-day period.
“Take notice that the Chief Justice of Kenya being dissatisfied with the judgment and decree of the High court at Nairobi intends to appeal to the court of appeal against the whole of the said judgment and decree,” read the statement.
On October 21, 2021, High Court judges James Wakiaga, George Nduru, and William Musyoka ruled that if the president failed to appoint judges George Odunga, Prof. Joel Ngugi, Weldon Korir and Agrrey Muchelule to the court of appeal, and Judith Omange and Evans Kiago to the High Court, then the judiciary will take up the responsibility.
“Upon the lapse of the 14 days, without Uhuru having made the appointment it shall be presumed that his power to make them has expired and his office becomes functus so far as the appointments are concerned and the six nominees shall be deemed duly appointed effective from the date of default as Judges of superior courts for which they were recommended,” the three Judges ruled.
The court of Appeal however temporarily suspended the order by High Court judges to November 19 following a petition that was submitted by president Kenyatta’s lawyer Waweru Gatonye who argued that the order would strain the relationship between the judiciary and the executive.
Uhuru rejected the nomination of the six judges saying that they were facing integrity issues and appointed 34 others after keeping them waiting for close to two years since their nomination by the Judiciary Service Commission (JSC).
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