Why CJ Koome wants Case Against Uhuru Dismissed

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Undated photos of President Uhuru Kenyatta (left) and Chief Justice Martha Koome (right)
File

Chief Justice Martha Karambu Koome wants a case seeking to compel President Uhuru Kenyatta to appoint six judges he left out in the recent appointments dismissed. 

In what appears to be a diplomatic approach, the Chief Justice, through lawyer Isaac Wamaasa, argues that the case filed by Katiba Institute is bad in law, fatally defective, and an abuse of the process of the court.  

The Judicial Service Commission (JSC) also took a similar stance in line with the Chief Justice seeking to have the matter dismissed.  

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President Uhuru Kenyatta poses for a group photo with CJ Martha Koome and 34 judges at State House on Friday, June 4, 2021
PSCU

"The Chief Justice and JSC have no powers under the Constitution or the law to stop any Judge of a Supreme Court or a judicial officer from performing his or her judicial functions," Wamaasa stated.  

Katiba Insitute had sought court orders to compel Uhuru to swear in the rejected six judges as recommended by the JSC. They argued that Uhuru had no mandate to refuse to appoint the judges. 

"Where the President refuses to exercise ceremonial powers, the court can order someone else to do that.

"The President is constitutionally bound by the recommendation made by JSC. He left out six judges, that kind of conduct is unconstitutional," the group through their lawyer Dudley Ochiel stated. 

This was however disputed by the CJ and JSC who pointed out that the swearing-in of the judges is a preserve of the President.

Koome had initially cautioned President Kenyatta against interfering with the Judiciary and disrespecting the rule of law by leaving out the six judges. 

The Judges omitted in the Presidential appointment include Weldon Korir, Aggrey Muchelule, Evans Kiago, Judith Omange, George Odunga, and Joel Ngugi. Justices Odunga and Ngugi were part of a five-Judge bench that nullified the Building Bridges Initiative (BBI).  

In the appointments, the President accused the six judges left out of having questionable integrity. 

Justice Koome noted that the President had twice delayed the appointment of judges, pointing out that in 2014, he appointed 11 out of 14 judges recommended to him. 

She affirmed that the Judiciary should be allowed to execute its mandate independently. 

"We should find a lasting solution so that moving forward this kind of delay and misunderstanding will be a thing of the past. Respect for the rule of law and the independence of the Judiciary is guaranteed under the Constitution,” she stated. 

"No person or authority is allowed to direct the JSC or the Judiciary in the execution of their mandate.”

Chief Justice Martha Koome addressing state actors during the NCAJ meeting in July 16, 2021.
Chief Justice Martha Koome addressing state actors during the NCAJ meeting in July 16, 2021.
Kenyans.co.ke

 

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