The High Court on Tuesday awarded six judges Ksh126 million after concluding that their rights were violated when former President Uhuru Kenyatta failed to appoint them as judges at the Court of Appeal and other ranks in 2022.
The six judges; Joel Ngugi, George Odunga, Aggrey Muchelule, Weldon Korir, Evans Makori, and Judith Omange were left out after Uhuru appointed 34 of the 40 candidates nominated by the Judicial Service Commission (JSC) to the Court of Appeal, Environment and Lands Court, and the Employment and Labour Relations Court.
In his ruling, Justice Chacha Mwita stated that he factored in the humiliation and mental disturbance that the six endured after Uhuru declined to appoint them to their positions as recommended by the JSC.
"The constitution does not give him discretion when it comes to appointing Judges. What he (former President) did left the six in an awkward position full of anxiety about what was happening and why they would not be appointed," Mwita stated in his ruling.
Mwita also faulted Uhuru's public statements and insinuations on the suitability of the six judges observing that this amounted to violation of their rights as dictated by the law.
''There can be no worse violation than when a president of a country makes public statements and innuendos casting aspersions of the suitability of state officers to serve in the position they had been recommended,'' he added.
Mwita added that the 6 judges were forced to undergo negative speculation on why they had not been appointed, this was mainly based on the fact that the then President failed to give them a reason why they had not been appointed.
He added that the ruling would send a clear message and a reminder that the rights of all Kenyan citizens must be respected as provided for by the Constitution.
"The petitioners had to endure negative speculation on why they had not been appointed, injuring their dignity. It will send a clear message and remind that rights must be protected and respected as demanded by the constitution,"
The judge also asserted that the events that led to the rejection of the six petitioners were meant to subvert the independence of the Judiciary and the rule of law.
During his time in office, Uhuru declined to appoint the 6 judges claiming that he had received credible information from the National Intelligence Service (NIS) cautioning against their appointment due to questions on their character.
The six were however appointed to their respective positions as per JSC's recommendations when President William Ruto ascended into power.
