The Court of Appeal has suspended the High Court’s order demanding President Uhuru Kenyatta to appoint the 6 judges within 14 days.
This is due to a pending appeal that was filed by the attorney general and president Kenyatta.
The court of appeal will give its ruling on November 19 on whether to agree with the high court’s decision regarding the six judges or not.
“Given the delicate nature of issues involved, we shall grant a temporary stay as we prepare the ruling. We feel as a court we need to bring out certain issues which cannot be done right away,” a bench of Appellate judges said.
The directive was issued by Justices Roselyn Nambuye, Justice Laibuta and Wanjiru Karanja after hearing arguments from the Attorney General, President Kenyatta and the Katiba Institute regarding the appointment of the six nominees.
President Kenyatta argued that the high court’s ruling would have a potential effect of creating conflict between the office of the Chief Justice and the Office of the President of Kenya.
“I am aggrieved with the whole decision and have since filed and served a notice of appeal. Unless the decision and orders of the High court are suspended, the intended appeal will be rendered useless,” read the court documents.
He further said that the ruling would create a constitutional crisis in the country as far as the appointment of the six judges is concerned.
The high court judges, William Musyoka, James Wakiaga and George Dulu directed the head of state to appoint the six judges, who were left out after the president appointed 34 others in a list of 40, to be appointed within 14 days which were to expire on November 4.
“It shall be presumed that his power to make them has expired and his office becomes powerless so far as the appointments are concerned.”
“Subsequent to their being deemed appointed, the Chief Justice in conjunction with the Judicial Service Commission shall be at liberty to take all necessary steps to swear in the six,” the judges said.
RELATED STORY: President Uhuru To Lose His Powers If He Doesn’t Appoint The Six Judges
