You have no option in judges appointments – Lawyers tell Uhuru
President Uhuru Kenyatta has come under heavy attack over his appointment of 34 judges to the Labour relations court, Court of Appeal and Land and Environment Courts.
The Thursday, June 3 appointments sparked debate with lawyers and activists faulting the head of state for living out four judges in his appointments.
Those left out of appointments include Aggrey Muchelule, George Odunga, Weldon Korir and Prof Joel Ngugi who were recommended for the Court of Appeal.
According to lawyer and Rarieda MP Otiende Amolo, Uhuru had no option but to appoint all the judges forwarded to him by the Judicial Service Commission.
“On this we must be plain, the President cannot select which judges to gazette for appointment after after Judicial Service Commission recommendation,” the MP said in a tweet that attracted public discourse.
Weighing in on the debate, lawyer Ahmed Nassir Abdullahi tweeted, “I think Chief Justice Martha Koome and the JSC must have an emergency meeting and resolve unanimously to engage H.E Uhuru with one agenda:”Appoint all 40 judges or none will come for answering in State House”.
In 2020, Uhuru failed to appoint the 41 judges fronted to him by JSC adding that he was not going to appoint judges with a questionable character.
In his response, former CJ David Maraga said the JSC will only accept the appointment of all judges or none at all.
In a rejoinder, former Justice Minister and Linda Katiba affiliate member Martha Karua urged all Kenyans to defend the Judiciary.
“We cannot leave the defence of constitutionalism and the rule of law to JSC alone. all Kenyans of goodwill must join hands to protect our independent institutions,” Karua said.
Not left out was Makueni Senator Mutula Kilonzo who defended the JSC stating: “The refusal to promote Judges to the Court of appeal amounts to a veto on the powers of JSC. They cannot act on the memo on the suitability of the said judges or rescind their decision . Meanwhile, the Judges are presiding over matters this morning.”
