Lawyer wants 41 judges sworn in after Uhuru delay

A lawyer has filed urgent suit to have 41 judges recommended by JSC take oath after the President failed to appoint them.

Adrian Kimotho says in the event the AG fails to publish, then the names be published by the Judicial service commission within three days in any newspaper of nationwide circulation.

On February 6 a three-bench judge ruled that the delay by President Uhuru Kenyatta in appointing judges was unconstitutional.

The judges, Lydia Achode, Chacha Mwita and James Makau said Uhuru is constitutionally bound by the recommendation of JSC on persons to be appointed as judges.

In a fresh application, Kamotho wants the Chief Registrar of the Judiciary to administer the oath or affirmation of office ones the names are published.

Noting that the appointments should have been gazetted on February,20, Kamotho said AG's conduct towards the court is in bad faith.

"...and his action is designed to exasperate the Judiciary and to further fuel the fabricated narrative that the judiciary is the weakest link in the administration of Justice," he said.

Kamotho says the public stands to suffer irreparably unless the AG's unlawful conduct is contained by the court.

He claims that the AG has up to date deliberately and willingfully failed to comply with the orders of the court.

The vacancies are in the court of appeal, environment land, employment and labour relations court.