LSK takes Uhuru to court over delayed hiring of 14 new judges

The Law Society of Kenya (LSK) has taken President Uhuru Kenyatta to court over delayed appointment of 14 judges whose names were nominated by the Judicial Service Commission.

LSK in a petition filed in court Thursday argues that the president acted unconstitutionally when he decided not to approve all the 25 nominees.
President Kenyatta appointed 11 judges from the list, saying he was yet to decide on the other nominees.

But the lawyers’ lobby says Mr Kenyatta is under mandatory constitutional duty to appoint, swear and gazette the judges nominated by JSC and cannot alter the list or reject it by carrying out further vetting.

“An order that H.E. the President of the Republic of Kenya do forthwith appoint, swear in and gazette the following persons as judges of the High Court of Kenya,” read one of the orders sought by LSK.

The petitioner lists the JSC and Attorney-General Githu Muigai as respondents.

LSK says Prof Muigai has an obligation to advice the President on legal matters and having failed to disclose that he did, makes the petition filed in court necessary.

READ: Uhuru in talks with CJ on late hiring of judges

The lawyers lobby reckons that the JSC, having failed to undertake any actions after the President failed to appoint all nominees, gives it mandate to seek legal redress.

JSC in January submitted 25 names out of 76 interviewed to the President. Among those who are awaiting their fate are Waweru Kiarie, Olga Akech Sewe, Stephen Riech, Patrick Otieno Okwaro, Winfrida Adhiambo Okwany, Anthony Kimani Ndung’u and Mugure Thande.

Others are Margaret Njoki Mwangi, Githinji Stephen Murugu, Dorah Chepkwony, Ongeri Asenath Nyaboke, Njuguna Lucy Mwihaki and Mativo Mutinga John.