Executive, Judiciary war hurting Kenyans
The High Court has reprimanded President Uhuru Kenyatta over the delay in the appointment of 41 judges nominated by the Judicial Service Commission.
Uhuru declined the appointments because of concerns about the integrity of the nominees.
However, a three-judge bench comprising Justices Lydia Achode, James Makau and Chacha Mwita ruled that the President had no mandate to review, reconsider or decline to appoint those recommended for promotion by the JSC.
Ten High Court judges and one lawyer were among the 35 who were interviewed and recommended for promotion to the appellate court.
Another 20 were recommended for appointment as Environment and Lands Court judges and 10 for the Employment and Labour Relations Court.
In his refusal to appoint the nominees, the President cited information from the National Intelligence Service but the evidence was not tabled before the court over claims that it was classified.
The court was, therefore, unable to make an adverse decision against the nominees on the basis of undisclosed evidence.
On February 6, the High Court ordered the President to appoint the judges within 14 days, which lapsed on February 20.
The AG has indicated he will appeal against the decision. However, in the absence of an Appeal Court decision overturning the ruling of the lower court, the February 8 judgment remains in force.
This exposes the President to criticism over failure to not only obey court orders but also of failure to protect the Constitution.
The war between the Executive and the Judiciary has hardly been disguised with detrimental consequences on the administration of justice.
Chief Justice David Maraga has voiced his frustrations over budgetary cuts and delayed appointments of judicial staff.
On other hand, the Executive has accused the Judiciary of being an impediment in the war against corruption.
But the Judiciary blames the Office of the Director of Public Prosecutions over what it says is incompetent prosecution of cases.
The wars between the arms of government could hurt Kenyans seeking justice. Article 48 of the Constitution requires the State to ensure access to justice by all.
We ask the new Law Society of Kenya leadership to take up the matter and ensure it is addressed in public interest.
