Uhuru in talks with CJ on late hiring of judges

President Uhuru Kenyatta addressing journalists at State House on June 25, 2014. PHOTO/EVANS HABIL

President Uhuru Kenyatta has opened talks with Chief Justice Willy Mutunga over the selection of additional judges, amid a fallout following last Friday’s appointment of 11 juries by the Head of State.

The President said the consultation with the CJ regards the 14 judges he failed to appoint from a list presented to him by the Judiciary Service Commission (JSC).

The Law Society of Kenya on Saturday said that the President acted “unconstitutionally” when he decided not to approve all the 25 nominees presented to him by the JSC.

The lawyers threatened to sue Mr Kenyatta for failing to approve the full list of proposed judges.

“The process of appointing the additional judges recommended by the Judicial Service Commission is in progress and consultations between my office and the Chief Justice as the chairperson of the JSC are in progress,” said the President while swearing in the 11 judges at State House in Nairobi on Tuesday.

Dr Mutunga said that the new judges will help the Judiciary improve services and reduce case backlog in courts.

The new judges are Justus Momanyi Bwonwong’a, Joseph Louis Omondi Onguto, Roselyne Ekirapa Aburill, Enock Chacha Mwita, Robert Kipkoech Limo and Charles Kariuki Mutungi.

Others are Anthony Charo Mrima, Janet Nzilani Mulwa, Crispin Beda Nagillah, Farah Amin Shaikh Mohamed and Margaret Waringa Muigai.

“The law states clearly that the President shall appoint all the judges who have been recommended by the JSC and by leaving out other names, he acted in discrimination,” said the LSK chairman Erick Mutua.

On Monday, The Kenya Magistrates and Judges Association said that serving magistrate was among the 11 new judges and they accused the president of discrimination.

“We strongly feel that magistrates have been discriminated against since the appointments runs counter to the letter and spirit of the constitution,” he added.

The lobby reckons that the executive arm of government was represented in the selection panel and should have raised questions on the inability of the seven magistrates at the recruitment stages.

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