Chief Justice Martha Karambu Koome has indicated that she intends to appeal the High Court decision made on October 21 that ordered her to swear-in six Judges whose nomination was rejected by President Uhuru Kenyatta.
Through a notice of appeal lodged in the High Court of Nairobi on November 8, it was indicated that the Chief Justice would appeal the decision, stating that she was dissatisfied with the court directive.
Pundits within the corridors of justice termed the High Court decision as a matter that would put the Chief Justice at loggerheads with President Uhuru Kenyatta.
"Take notice that the 3rd Respondent herein, Chief Justice of the Republic of Kenya, being dissatisfied with the judgment of the High Court at Nairobi delivered on October 21, intends to appeal to the Court of Appeal against the whole judgment and decree," read the court documents.
While delivering their judgment on October 21, High Court Judges, James Wakiaga, George Nduru, and William Musyoka, directed the CJ to swear in the six judges if the President failed to appoint them within 14 days from the judgment date.
“Upon the lapse of the 14 days, without Uhuru having made the appointment it shall be presumed that his power to make them has expired and his office becomes functus so far as the appointments are concerned and the six nominees shall be deemed duly appointed effective from the date of default as Judges of superior courts for which they were recommended,” the three Judges ruled.
Among the Judges who are at the center of contention between Uhuru and the Judiciary are Justices Aggrey Muchelule, George Odunga, Weldon Korir, and Joel Ngugi, who were recommended to be promoted as Judges in the Appellate Court.
The other two were Chief Magistrate Evans Makori and High Court Registrar Judith Omange.
In his defense, Uhuru stated that he rejected to swear in the six judges stating that they were facing integrity issues.
The CJ’s appeal comes at the backdrop of a directive by the Court of Appeal that suspended the High Court’s directive following an appeal lodged by Uhuru.
On November 1, a three-Judge bench comprising of Justices Roselyn Nambuye, Wanjiru Karanja, and Imaana Laibuta, granted the orders as they wait to make a determination on November 19.
Through his lawyer, Waweru Gatonye, Uhuru argued that the court does not have powers to give his powers of swearing in Judges to another person.
