- Through the Aguko Osman law firm, Mabuka said he has noted with great concern the advert of March 4, inviting applicants to apply.
- "Our client is reiterating that the recent job advertisement may violate the constitutional rights of the 6 judges and work against the principle of legitimate expectation."
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A city advocate has questioned the decision by the Judicial Service Commission to advertise for vacancies while six are judges waiting to be sworn in.
Peter Mabuka has written to the JSC asking for information on why they advertised positions for six Court of Appeal and 20 High Court judges.
Through the Aguko Osman law firm, Mabuka said he has noted with great concern the advert of March 4, inviting applicants to apply.
His point of concern is that JSC engaged in a recruitment where names of qualified persons were forwarded and recommended to President Uhuru Kenyatta for appointment.
He said 34 out of 40 were appointed.
The judges who the president declined to appoint to the Court of Appeal include Justices Joel Ngugi, Aggrey Muchelule, George Odunga and Weldon Korir.
Also not making it to the list of appointees were Registrar of the High Court Judith Omange and chief magistrate Evans Makori, who had been nominated to the Environment and Lands Court.
He questioned whether JSC took into consideration the earlier shortlisting, interviewing and recommendation of the judges yet to be appointed.
“Our client wants to know whether the judges yet to be sworn in are considered to occupy those positions,” the letter reads.
Mabuka also wants to know whether the advert seeks to fill the existing vacancies occasioned by the President's failure to appoint the judges.
He further said the delay for appointment of the six judges has been subject of various court cases.
In one of the cases, a three-judge bench ruled that the six judges will be deemed to have been appointed after 14 days lapse upon which Chief Justice Martha Koome should be at liberty to take all necessary steps to swear them in.
However, he said there is an appeal against the judgment where interim orders have been granted staying the decision ordering the CJ and President to swear in the judges
“The recent advertisement by JSC for the said positions raises serious concerns on what is the status quo of the 6 judges awaiting swearing in," the letter reads.
"Our client is reiterating that the recent job advertisement may violate the constitutional rights of the 6 judges and work against the principle of legitimate expectation."