The Kenya Magistrates and Judges Association has condemned President Uhuru Kenyatta's decision to reject six of their colleagues recommended to him for approval by the Judicial Service Commission (JSC).
In a statement, the association reiterated that the Head of State did not have the power to tinker with the names given to him.
"Any such attempt amounts to interference with the Institutional Independence of the JSC, violation of the Constitution and in particular, the rule of law which the President swore to uphold," reads an excerpt of the statement.
The judges added that the decision by the President to leave out the six was baffling, unfounded and patently unconstitutional.
"The President is setting a very bad precedent for this country, one of not following the rule of law and disobedience of court orders.
"It is against this background that KMJA calls upon the President to immediately gazette the six that were left out."
The strongly worded statement came a day after the president gazetted the appointment of 34 of 40 judges that were recommended by the Judicial Service Commission (JSC).
Six were not gazetted including; Justices Weldon Korir, Aggrey Muchelule, George Odunga, Prof. Joel Ngugi, Makori Evans Kiago and Judith Omange Cheruiyot.
Justice (Prof) Joel Ngugi and his counterpart George Odunga were part of a five-bench judge that ruled on the the BBI Constitutional Amendment Bill 2020 being null and void.
A section of Kenyans have expressed their displeasure with the president's decision to cherry pick who should be appointed and who should not.
"I feel it is not right for the President to leave other names out more so the judges who presided over the BBI case. In leaving out other names, the president has demonstrated that he doesn't respect the rule of law," Lawyer Areba Omwoyo Samba told Kenyans.co.ke.
"In a blatant violation of the Constitution the President is using the opportunity to punish Judges he doesn’t like and this is a very dangerous path. He is setting a bad precedent," lawyer and Elgeyo Marakwet senator Kipchumba Murkomen stated.
