Posted June 4, 2021 9:18 pm by

NAIROBI, Kenya Jun 4 – A new stand between the Judiciary and the Executive has emerged after Chief Justice Martha Koome urged President Uhuru Kenyatta to appoint the remaining six judges.

President Kenyatta appointed 34 judges out of a list of 41 sent to him by the Judicial Service Commission (JSC) in 2019, leaving out six including Justices George Odunga and Prof Joel Ngugi, who were part of the 5 Judge-bench that declared the Building Bridges Initiative (BBI) null and void, in a historic ruling that has drawn appeals including from the president himself who accused the judges of robbing Kenyans their will.

The new judges took oath of office on Friday, in a ceremony witnessed by the President and the Chief Justice at State House Nairobi where the head of state defended his position, saying he has inteligence on the judges he omitted.

“Just like the judges, I too took an oath. It is not open to me to turn a blind eye to reports of our State organs. As long as I serve as President, I will choose right over the convenient, choose the hard over the easy. I am not doing this for myself but for the people of Kenya and for posterity.” he said Friday when he witnessed the swearing-in of the new Judges at State House but did not provide more details on the intelligence received about the six judges.

But as soon the CJ left State House, she issued a statement saying the president has no choice but to appoint the remaining judges.

“We call upon H.E. the President to similarly appoint the remaining 6 Judges because the Judiciary is still in dire need as the backlog of cases is increasing. We should find a lasting solution so that moving forward, this kind of delay and misunderstanding will be a thing of the past,” she said in a statement.

She also reminded the president that he has no option of cherry-picking judges from a list presented to him by the JSC.

“Respect for the rule of law and the independence of the Judiciary is guaranteed under the Constitution. No person or authority is allowed to direct the JSC or the Judiciary in the execution of their mandate,” she said, heeding to calls from the Law Society of Kenya (LSK) and activists who urged her to stand firm and defend the Constitution.

7 Judges of the Court of Appeal, 9 Judges of the Read More…