However, the President delayed the appointments, with reports he had issues with the integrity of some of the nominees.
The issue dragged to court where it was ruled that the President was obligated by the Constitution to abide by the JSC’s decision.
Image: PSCU
President Uhuru Kenyatta has rejected the nomination of justices Joel Ngugi and George Odunga to the Court of Appeal in a move seen as hitting back at the duo over their recent ruling against the BBI.
In gazetted notice on Thursday evening, the President also declined the nomination of judges Weldon Korir and Aggrey Muchelule to the Court of Appeal.
They were among 41 judges the Judicial Service Commissionhad nominated and subsequently forwarded their names to the President for appointment in July 2019.
However, Uhuru delayed the appointments, with reports saying he had issues with the integrity of some of the nominees.
The issue dragged to court where it was ruled that the President was obligated by the Constitution to abide by the JSC decision.
Attorney General Paul Kihara appealed the ruling. The case is still pending.
Last month, Justice Ngugi led a five-judge bench of the High Court that nullified the push to amend the Constitution through the Building Bridges Initiative terming the process irregular, illegal, unconstitutional, null and void.
They also faulted President Kenyatta for hijacking the popular initiative route, an avenue reserved for the common man, in pushing the amendments to the country’s supreme law.
“A popular initiative to amend the Constitution can only be started by the people, not by the government,” the judges ruled.
Other judges on the bench were Odunga, Jairus Ngaah, Theresia Matheka and Chacha Mwita.
The rejection of the promotion of the two judges comes at a time when Court of Appeal president Daniel Musinga is expected to appoint a seven-judge bench to hear an appeal by President Kenyatta, his handshake partner Raila Odinga and the Attorney General on the BBI ruling.
“The appeal shall be heard between June 29 and July 2. The hearing shall be in an open court to be arranged in compliance with Covid-19 protocols,” Musinga said during a pretrial conference alongside Justices Roseline Nambuye and Hannah Okwengu on Wednesday.
After push and pull with the Judiciary, Uhuru finally appointed 34 out of 41 judges who had been recommended for confirmation. One person, lawyer Harrison Ogweno Okeche, who had been nominated for appointed as Labour Court Judge past on last year.
Okeche died in an accident at Ololunga Bridge near Narok town on October 4, 2020.
The appointments take effect immediately.
He appointed justices Msagha Mbogholi, Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, Pauline Nyamweya, Jessie Lesiit and Kibaya Laibuta to the Court of Appeal.
Until their appointment, the court had only 13 judges. The shortage of judges had been blamed for the backlog of cases in the Judiciary.
Uhuru also appointed Christine Noontatua, Jacob Kariuki, Jemima Keli, Ann Mwaure, Bernard Matanga, Odongo Manani, Stella Chemtai Rutto, Kebira Ocharo, Kitiku Agnes Mueni-Nzei and Nderitu David Njagi as judges of the Employment and Labour Relations Court.
The Head of State also appointed 17 others as High Court judges.
They are Mboya Oguttu Joseph, Naikuni Lucas Leperes, Mwanyale Michael Ngolo, Addraya Edda Dena, Kimani Lilian Gathoni, Kamau Joseph Mugo, Wabwoto Karoph Edward and Koross Anne Yatich Kipingor.
Others are Gicheru Maxwell Nduiga, Mogeni Ann Jacqueline Akhalemesi, Ongarora Fred Nyagaka, Christopher Kyania Nzili, Mugo David Mwangi, Omollo Lynette Achieng’, Washe Emmanuel Mutwana, Nyukuri Annet and Murigi Theresa Wairimu.
During Madaraka Day celebrations on Tuesday, Uhuru blasted the Judiciary over what he termed as irresponsible rulings that negate the people’s will.
The President said the recent judgment on the BBI overturned the people’s will, diminished their power and stifled efforts to fix ills that have bedeviled the country.
“From nullification of a presidential election in 2017 to an attempt to stop the will of the people as expressed through BBI, the Judiciary has tested our constitutional limits,” the President said.
“Their decisions must consider the letter of the law, but fundamentally the spirit of the law must also guide them. And I say so because the spirit of the law is the light that will illuminate the burden of the choices they make,” he added.
Edited by P.O