Reprieve for 6 judges rejected by Uhuru as court halts their removal

Reprieve for 6 judges as court halts their removal

In Summary

• The orders were issued after petitioner Benard Okello told the Judge that the President has discriminated against the six judges.

• Judge said Article 166 of the Constitution provides that the "President shall appoint...all other judges in accordance with recommendation of the JSC.."

Justice Teresia Matheka, Justice George Odunga, Presiding Judge Justice Joel Ngugi, Justice Jairus Ngaah and Chacha Mwita delivering judgment that BBI process null and void on May 13.
Justice Teresia Matheka, Justice George Odunga, Presiding Judge Justice Joel Ngugi, Justice Jairus Ngaah and Chacha Mwita delivering judgment that BBI process null and void on May 13.
Image: FILE

The High Court has temporarily stopped any investigation or prosecution of the six rejected judges adversely mentioned in a report forwarded to President Uhuru Kenyatta.

The six judges 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.

Justice James Makau said there shall be no recommendation for their removal or interference with their functions.

The JSC was also barred from convening, recommending in a meeting any form of action against the rejected judges adversely mentioned in the report.

Justice Makau also prohibited the state from making public the report that occasioned the refusal by Uhuru to appoint the six nominees.

The orders were issued after petitioner Benard Okello told the Judge that the President has discriminated against the six judges.

He said Article 166 of the Constitution provides that the "President shall appoint...all other judges in accordance with recommendation of the JSC.."

"I have considered for issuance of the interim order and I am satisfied that the petitioner has demonstrated a prima facie case with a likelihood of success. If interim orders are not issued, he will suffer prejudice," said Makau.

Uhuru gazetted the names of 34 judges on June 3 and has reiterated he will not accept the names of the six - citing integrity and suitability issues - he rejected despite widespread criticism.