They are Justices Weldon Korir, Aggrey Muchelule, George Odunga and Joel Ngugi who has been picked to sit in the Court of Appeal.
Evans Makori and Judith were appointed as judges of the Environment and Land court.
Image: PSCU
Senators have joined the call for the appointment of six judges as pressure continues to mount on President Uhuru Kenyatta to promote the officers he rejected.
A day after the High Court gave him 14 days to appoint the judges, senators want him to appoint the judges without any further delay.
In a report tabled by the Justice and Legal Affairs committee that looked into the delays and rejection to appoint the judges, the senators said there is no justifiable reasons not to appoint the six.
“The committee recommends that the President, without any further delay, proceeds to gazette the appointment of the six persons nominated by the Judicial Service Commission,” report reads.
The committee is chaired by Nyamira Senator Okong’o Omogeni.
The persons had been recommended for appointment as judges of the High Court and the Court of Appeal.
They are justices Weldon Korir, Aggrey Muchelule, George Odunga and Joel Ngugi who had been picked to sit in the Court of Appeal.
Evans Makori and Judith Omanga were appointed as judges of the Environment and Land court.
The lot are among 41 individuals that were recommended to the President for appointment.
However the President ‘rejected’ the six after their names were omitted in the gazette notice that appointed 34 of their colleagues.
There were reports that Uhuru rejected the six due to integrity issues.
However, the committee, in recommending immediate appointment of the six, asked the President to submit any adverse information he might have on the judges, to JSC, the judges’ employer.
“We recommend that the President directs that any adverse information relating to the six nominees and held by the National Intelligence Service or other state entity, be immediately submitted to the JSC for consideration pursuant to its mandate under Article 168 of the Constitution,” the committee said.
The committee said it was improper to have a cloud of undisclosed and untested allegations hang over the six judges and for an indeterminate period.
“The measure has also stalled their career progression and it is important that the issue is urgently resolved,” it reads.
The panel decried what it termed as persistent disobedience of court orders by the Executive and the persistent attempts to undermine the independence of the Judiciary.
On Thursday, a three-judge bench of the High Court gave the President 14 days to appoint the judges.
The judges were Justices William Musyoka, James Wakiaga and George Dulu.
If the 14 days elapse without Uhuru appointing them, the judges said, it shall be presumed that his power to appoint them has expired and his office becomes powerless as far as the appointments are concerned.
“After being deemed appointed, the CJ in conjunction with JSC shall be at liberty to take all necessary steps to swear in the six judges,” they said.
The Senate committee observed that the non-appointment, firstly of the 41 judges and, subsequently the six judges omitted from the gazette on June 3, 2021, continues to negatively affect the expeditious disposal of cases and administrative of justice across the country.
“The six persons whom the President has failed to appoint are entitled to equal protection of the law and due process as guaranteed under the constitution,” the committee said.
-Edited by SKanyara