CJ Koome Should Swear in The 6 Judges Uhuru Rejected - Havi

  • Chief Justice Martha Koome (left) and LSK President Nelson Havi (right)
    Chief Justice Martha Koome (left) and LSK President Nelson Havi (right)
    File
  • The Law Society of Kenya (LSK) President, Nelson Havi, on Monday, October 25, asked Chief Justice Martha Koome to swear in the six judges that were rejected by President Uhuru Kenyatta.

    In an interview on Spice FM, Havi argued that the Chief Justice had nothing to lose if she appointed the six judges (Aggrey Muchelule, George Odunga, Weldon Korir, Joel Ngugi, Evans Makori and High Court registrar Judith Omange.)

    The six judges were vetted and recommended for appointment of promotion by the Judicial Service Commission (JSC) but were declined by the president.

    LSK President Nelson Havi Making a Submission at the Milimani Law Courts on Tuesday, August 17.
    LSK President Nelson Havi Making a Submission at the Milimani Law Courts on Tuesday, August 17.
    File

    He stated he had received adverse reports on the six nominees from the National Intelligence Service (NIS) and other security agencies that had raised the integrity of the six.

    "She has nothing to lose... Her office requires the good will of Kenyans rather than that of the executive. What harm can they do to her? They cannot take away her car, her salary, they can't lock her office, they can't kill her... Let her do the right thing, swear in the six judges," Havi stated.

    The advocate added that former Chief Justice David Maraga would go down as the most respected of judges for always putting the executive on its toes.

    The sentiments came just days after High Court directed Kenyatta to appoint the six judges within 14 days failure to which they will be deemed to have been duly appointed.

    Following the protracted impasse between the Executive and the Judiciary, the court ruled that the Chief Justice could swear them in.

    The case was filed by Katiba Institute seeking to compel the President to appoint the six judges he rejected when he appointed 34 others in June, 2021.

    Chief Justice Martha Koome and the JSC would then write to the court to have the case thrown out.

    Koome and the JSC argued that the petition filed by Katiba Institute challenging the President’s decision, had been overtaken by events and orders being sought against the Chief Justice cannot be granted.

    Other bodies who reacted to the decision by the President to decline to appoint the judges noted that the head of state had over-stepped his mandate.

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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