Azimio party leader Raila Odinga claims that President William Ruto wants to make former Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati the Chief Justice of Kenya.
Raila, while with the media in Nairobi on Friday, alleged that the Judicial Service Commission (JSC) offered Ruto slots in the gazetted Court of Appeal vacancies.
Two of the slots, according to Raila, will be used by Ruto to appoint Chebukati and his predecessor at IEBC, Issack Hassan, as Court of Appeal judges. Later on, Chebukati would rise to Chief Justice before the 2027 General Election.
Raila claimed that the plot to elevate Chebukati was hatched at the meeting between the Judiciary, Parliament and Executive on Monday, January 22 at State House, Nairobi.
"At the meeting, the Chief Justice and Mr Ruto reached an agreement that will allow Mr Ruto to make additional funding to the Judiciary, in return, Justice Koome was to advertise vacancies for five additional judges and 11 Court of Appeal judges.
"This is in addition to the 20 high court judges advertised last year. As a matter of fact, the advertisement of the 11 judges has been gazetted today. In that agreement, the five high court judges and two Court of Appeal judges will be for Mr Ruto to forward to the JSC, and he floated the names, of immediate former IEBC chairpersons Mr Wafula Chebukati and Ahmed Issack Hassan to be appointed Court of Appeal judges with Chebukati later being elevated as the Chief Justice before the 2027 general elections," Raila claimed.
The Orange Democratic Movement (ODM) party leader further refuted the alleged promise by President Ruto to fund the Judiciary, stating that it was a scheme to blindfold Kenyans from accessing the truth.
“Officially, Mr Ruto is supposed to have agreed to give additional funding to the judiciary, that is a cover-up. Judiciary does not draw any funds from the Executive or State House. Article 173 of the Constitution of Kenya established the judiciary fund which is administered by the Chief Registrar of the Judiciary,” the ODM leader stated.
On February 2, Chief Justice Martha Koome in a gazette notice announced 11 vacancies for the Court of Appeal judges.
According to the gazette notice, the judges are to serve up to the age of 70 years with the option for early retirement after attaining 65 years per Article 167(1) of the Constitution.
Those appointed will receive a minimum wage of Ksh775,845 and a maximum of Ksh1.18 million as per the guidelines by the Salaries and Remuneration Commission.
"Pursuant to section 30 of the Judicial Service Act and section 3 Part II of the First Schedule, of the Judicial Service Act (No. 1 of 2011), I, Martha K. Koome, Chief Justice of the Republic of Kenya, for and on behalf of the Judiciary of Kenya, declare vacancies in the Office of Judge of the Court of Appeal of the Republic of Kenya," read part of the gazette notice.
Among the statutory requirements for the application include a law degree from a recognised university and at least ten 10 years of experience as a superior court judge.
Additionally, applicants must also demonstrate a high degree of professional competence, communication skills, fairness, good temperament and good judgment.
"Have a high moral character, integrity and impartiality (meet the requirements of Chapter Six of the Constitution on Leadership and Integrity)," read the gazette notice in part.
Meanwhile, CJ Koome, who turns 64, in June this year, has the option of retiring from office after attaining the age of 65 or around 2030 when she is 70. The CJ heads the Judiciary for a non-renewable 10-year term. Koome assumed office in May 2021 as the first female CJ in Kenya, succeeding emeritus Justice David Maraga.
