• The court has jurisdiction to hear appeals from the High Court.
Image: VICTOR IMBOTO
Chief Justice David Maraga has recommended 11 candidates who President Uhuru will appoint to join the Judiciary as Court of Appeal judges.
In a press briefing in Nairobi on Monday, Maraga said the court of Appeal is established under Article 164(1) of the constitution .
The court has jurisdiction to hear appeals from the High court, environment and Land court, employment and labour relations court any other court or tribunal as prescribed by an Act of of Parliament.
The recommended judges are as Justices Tuiyot Francis, Omondi Hellen, Justice Nyamweya Pauline, Korir Weldon, Msangah Mbogholi, Justice Muchelule Aggrey, Dr.Kibaya Laibuta, Jessie Lesiit, Ngugi Grace Mumbi, George Odunga and Joel Ngugi.
The CJ said that on August 6, 2018, the president of the Court of appeal placed a request before JSC to fill vacancies in order to raise the number from the current 19 to the fulfill complement of 30 judges.
“Pursuant to Article 172(a) which mandate the JSC to recommend to the president persons for appointment as judges, the commission obliged and declared 11 vacancies in the office of the judge of the court of appeal vide a gazette notice dated February 15, 2019”, Maraga said.
He said the shortlisted candidates were published in the dailies and the commission subsequently interviewed the 35 candidates.
The exercise was open to the public to the media and the public.
He thanked all candidates who applied and particularly those who attended the interviews and also thanked Kenyans for the feedback on the candidates.
“Having deliberated and considered all the necessary parameters, the commission has concluded that the 11 are the most suitable to be recommended for the appointment in accordance with part (iii) of the first schedule of the judiciary service Act”, Maraga concluded
The LSK Male representative to the judicial service commission Macharia Njeru has however rejected Maraga’s list of appointment of judges.
“As to the appointments of the Judges of the court of Appeal announced yesterday evening, I wish to notify you that I strongly presented a case for inclusive of at least two lawyers being members of the LSK from private practice who had passed the agreed pass mark as opposed to appointing all from within the judiciary”, Macharia said.
He said his position was overwhelmingly rejected by the commission.
He added that he was circulating his dissent to the extent in the interest of providing communication to the community of lawyers that he represent at the JSC.