High Court Orders President Uhuru to Appoint Six Rejected Judges

President Uhuru Kenyatta was ordered by the Kenyan High Court on Thursday 21st to appoint the six justices he had rejected earlier on June 3rd, 2021.

High Court Orders President Uhuru to Appoint Six Rejected Judges

According to the high court, it declared that the President’s power had long expired for refusing to appoint the six who had been vetted and recommended by the Judicial Service Commission (JSC).

The judges who were rejected and are yet to be appointed to the Court of Appeal. are as follows: Justices Aggrey Muchelule, George Odunga, Weldon Korir, and Prof Joel Ngugi.

The justices contended that the President's failure to designate them violated the constitution in a judgment read by a three-judge bench on Thursday, October 21.

Justice James Wakiaga, George Nduru, and William Musyoka all agreed that Uhuru should have made the selections without any changes or additions.

In addition, Katiba Institute filed a lawsuit in order to compel the President to appoint the six judges who were rejected.

President Uhuru Kenyatta poses for a photo with the new judges who took the oath of office at State House, Nairobi on June 4, 2021. 

This comes at a time the head of state had appointed 34 of the Judicial Service Commission's (JSC) nominees, but left out High Court Judges Joel Ngugi, George Odunga, Aggrey Muchelule, and Weldon Korir, as well as High Court Registrar Judith Omange and Chief Magistrate Evans Makori.

The appointment of Justices Ngugi, Odunga, Muchelule, and Korir to the Court of Appeal was recommended, while Omange and Makori were nominated to the Environment and Lands Court.

The commander in chief further defended his decision, claiming that the six did not fit the criteria for appointment or promotion to the specified courts and that their nominations were to be sent back to the JSC.