JSC Revokes 11 Court of Appeal Judge Vacancies Amid Controversy

Judges of the Supreme Court of Kenya.
Judges of the Supreme Court of Kenya.
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CJ MARTHA KOOME

The Judicial Service Commission (JSC) revoked 16 vacancies declared in the offices of Judge of the Court of Appeal and Judge of the High Court of Kenya amid controversies.

Through a notice in the Kenya Gazette dated January 15, the JSC revoked 11 vacancies declared in the Offices of Judge of the Court of Appeal.

The commission also revoked five vacancies that had been declared for the Judge of the High Court of Kenya.

"It is notified for information of the general public that the following Gazette Notices declaring vacancies in the Offices of Judges of the Superior Courts have been revoked," read the notice in part.

CJ Martha Koome
Chief Justice and the President of the Supreme Court of Kenya Justice Martha Koome during the admission of Advocates to the Bar on Thursday, March 2, 2023.
Kenyans.co.ke

The JSC effectively revoked notices that had been issued earlier, declaring the vacancies to the public.

The notice includes a Gazette Notice No. 1076 of January 30, 2024, that declared 11 vacancies in the Office of Judge of the Court of Appeal as well as a Gazette Notice No. 4932 shared on April 22, 2024, listing applicants, shortlisted candidates, and an interview schedule.

At the same time, JSC recalled a Gazette Notice No. 1271 that was shared on February 5, 2024, declaring 5 vacancies in the Office of Judge of the High Court of Kenya.

The revocation comes barely five months after the JSC on July 3, suspended the recruitment of 11 Court of Appeal judges in response to an expenditure cut directive from the National Treasury.

Chairperson of the JSC, Martha Koome, noted the suspension was necessitated by inadequate funding they had received from the exchequer.

It comes as the judiciary has come under intense scrutiny over allegations of corruption and collusion with the executive to sabotage justice in the country.

The Court of Appeal has 29 judges in six stations across the country, meaning nine benches are available at any given time to handle cases.

The Judiciary has for a long time grappled with a backlog of cases, with the Court of Appeal recording 13,331 pending matters as of May 2024.

The JSC, in an attempt to reduce the backlog, pushed for changes to the Judicature Act, increasing the maximum number of judges in the Court of Appeal from 30 to 70.

After the changes, the JSC announced 11 vacancies at the Court of Appeal and invited applications on February 9. Consequently, in April the commission shortlisted 41 candidates, 32 of them currently serving as judges and nine as lawyers.

While specific details surrounding the revocation have not been fully disclosed, it is understood that the revocation was influenced by various factors, including concerns over qualifications, suitability, and adherence to established procedures during the selection process.

Chief Justice Martha Koome with members of the Judicial Service Commission.
Chief Justice Martha Koome with members of the Judicial Service Commission on Tuesday, March 17, 2022.
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JSC
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