BY SAM ALFAN.
Former Chief Justice Dr Willy Mutunga has questioned the move by Judicial Service Commission (JSC) to advertise six positions of appellate Judges.
Dr Mutunga questioned the JSC move asking whether the commission has given up on the four Court of Appeal Judges and two high court Judges who were declined by President Uhuru Kenyatta, over alleged integrity issues.
“So, has the JSC thrown the CA 4 and HC 2 under the Executive Bus?” He posed.
In a series of tweets, Mutunga asked whether the JSC’s move has not subverted the orders of the High Court directing President Kenyatta to appoint the six judges left out when 34 others who were sworn in.
“Hasn’t the JSC not subverted the Orders of the Court on this issue?”
Dr Mutunga further questioned why the public interest litigators have not petitioned the High Court on the matter.
Former Law Society of Kenya President Nelson Havi responded to Dr Mutunga’s tweet saying Chief Justice Martha Koome was working with the government.
“The CJ is working with the Government. She cannot be an activist having joined Government,” Havi tweeted.
Veteran lawyer Paul Muite also voiced his concern saying it appears the JSC has give up.
“Wrong move. JSC has conceded the President has powers NOT given to him by the Constitution”, he added.
Senior Counsel Ahmednasir Abdullahi added his voice on the issue saying JSC is recruiting judges that will be acceptable by President Kenyatta
“JSC is recruiting judges that WILL BE ACCEPTABLE to H.E UHURU….surely it can wait for just 2 months…start recruitment in June/July…and swear them in September!”, added Ahmednasir.
The six judges left out by President Kenyatta include Aggrey Muchelule, George Odunga, Weldon Korir and Joel Ngugi, who were to serve in the Appellate court.
Chief magistrate Evans Makori and High Court registrar Judith Omange were also omitted from the list of judges gazetted for promotion.
Last year High court Judges William Musyoka, James Wakiaga and George Dulu ruled that Chief Justice Martha Koome in conjunction with the JSC shall be at liberty to take all necessary steps to swear in the six Judges if Uhuru fails to play his part.
“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,” ordered the bench.
But even before high court orders were implemented, Court of Appeal Justices Roselyn Nambuye, Wanjiru Karanja and Imaana Laibuta granted the orders suspending the high court decision.
This was after President Kenyatta rushed to the Appellate court arguing that there is an eminent danger of embarrassment and uncertainty in the dispensation of justice, if the directive remains unchallenged.
