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Thursday February 6, 2020 - The High Court of Kenya has today ruled that President Uhuru Kenyatta's decision to decline to appoint 41 judges picked by the Judicial Service Commission is unconstitutional.

Through court, the Law Society of Kenya sought to have President Kenyatta compelled to appoint the 41 jurists. 

The three-judge bench composed of Justices James Makau, Lydia Achode and Chacha Mwita ruled that the President had no power to review, reconsider or decline the appointment of judges as forwarded by the Judicial Service Commission.

“The President’s failure to appoint the judges violates the Constitution and JSC Act,” ruled the judges.

The Judges also ruled that the JSC had no power to review the names again once they have been forwarded to the President.

The High Court judges also faulted the National Intelligence Service for failing to disclose the adverse information they alleged have against some of the judges during the interview process

“The appointment of judges by the President should be immediate and should not delay or take time.”

“The Constitution demands that the President appoints the judges within 14 days after the names are forwarded to him,” ruled the three-judge bench.

In October 2019, President Kenyatta defended his decision not to gazette the 41 judges picked by the Judicial Service Commission, indicating that he had received adverse reports on some of them.


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