President Uhuru Kenyatta on Tuesday, October 22, disagreed with Chief Justice David Maraga over a decision on a crucial matter.
The Standard reported that Uhuru declined to gazette the 41 jurists presented to him by the Judicial Service Commission (JSC), four months after he received the list of nominees.
Through an affidavit presented by Head of Public Service Joseph Kinyua, Uhuru questioned the integrity of some of the nominees.
“The president received adverse reports in respect to some of the persons recommended for appointments as judges after the names of the said judges were published in the media. The president believes that the Judicial Service Commission ought to have considered the information while arriving its recommendation,” the affidavit read in part.
“It would be irresponsible and contrary to the oath of office for the president to appoint judges, or indeed any other public or state officers to office, where serious questions have been raised about their integrity- more so judges who enjoy security of tenure and whose probity and integrity should be above reproach,” it added.
The individuals were presented for appointment to the Court of Appeal, Lands Court and Employment Court.
Uhuru had however gone silent after the names were presented to him, triggering a court case by a lawyer who asked the High Court to compel the president to make the appointments.
“I am aware that the process of removal of judges once appointed is very elaborate, laborious and expensive. Therefore, there is a need for the process of appointment not to be rushed,” adds Kinyua.
Eleven judges had been nominated for the Court of Appeal namely, Justices Francis Tuiyot, Weldon Korir, Mbogholi Msagha, Aggrey Muchelule, George Odunga, Joel Ngugi, Hellen Omondi, Pauline Nyamweya, Jessie Lesiit, Mumbi Ngugi and Kibaya Laibuta.
JSC also recommended 10 names for the Labour Court and 20 others for the Lands Court.
Uhuru had also cited poor funding for his reluctance to appoint the new judges as recommended by the JSC between July and August this year.
The president further stated that he intended to return the names to JSC for review and and if that failed, he would seek the court’s help.
“I am aware that the recommendation by the Judicial Service Commission may be subject to review by either the court or Judicial Service Commission in appropriate cases. Consequently, it would be remiss for the president to appoint judges without contemplating on the impact to the principles of good governance, integrity, accountability, public participation, and sustainable development,” stated the reply.
Kinyua also added that it would be expensive for taxpayers if the jurists were appointed only for them to be removed.
