Court bars JSC from probing six judges rejected by Uhuru

The High Court has barred any investigations on the six judges left out in new appointments by President Uhuru Kenyatta.

A petition filed by lawyer Bernad Odero Okello stops the Judicial Service Commission from convening or recommending action against the six judicial officers based on the alleged report sent by the President on his refusal to appoint them.

Justice James Makau also prohibited the publication of President Kenyatta’s report on the refusal to appoint the six judges.

The same court has also forwarded a petition by a Nakuru Surgeon Benjamin Magare Gikenyi to the Chief Justice for the appointment of a three-judge bench further striking out the Chief Justice, the Attorney General and the 34 judges from the petition since they had been sued on personal capacity.

Justice Makau’s orders will remain in force until the determination of the case.

The President did not approve the nomination of Justices George Odunga, Aggrey Muchelule, Joel Ngugi and Weldon Korir together with Mombasa chief magistrate Evans Makori and High Court deputy registrar Judith Omange over alleged integrity issues.

In his court papers, Mr Okello argues that by declining to appoint the six judges, the President has interfered with the independence of the JSC.

“The President has discriminated against the six judges. Article 27(3) of the Constitution decrees that all citizens have the right to equal treatment including the right to equal opportunities,” says Mr Okello.

He further states that the President violated the Constitution by selecting 34 names from the list of 41 nominees that was forwarded to him by the JSC two years ago.



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