ACCOUNTABILITY

Why AG should be worried about appointment of six judges - Mutula

President William Ruto appointed the six judges on Tuesday shortly after being sworn in.

In Summary

• In June 2021, Uhuru appointed 34 of the judges but left out the six judges citing integrity issues.

• In October 2021 soon after the High Court ordered Uhuru to appoint the remaining judges within 14 days, Kariuki appealed the judgment. 

Makueni Governor Mutula Kilonzo Jr during an interview with the Star at Kilonzo and Co Advocates in Nairobi on January 18.
FILE Makueni Governor Mutula Kilonzo Jr during an interview with the Star at Kilonzo and Co Advocates in Nairobi on January 18.
Image: EZEKIEL AMING'A

Makueni Governor Mutula Kilonzo Junior now says Attorney General Kihara Kariuki should be held accountable for his role in the non-appointment of six judges by former President Uhuru Kenyatta.

The governor says the AG challenged the appointment of the judges despite a court order that directed the President to swear in the judges.

"The AG should be worried. He challenged the appointment of Judges despite clear court orders and his position as a member of JSC. His actions on this matter should not be left unattended," Kilonzo said.

President William Ruto on Tuesday appointed the six judges soon after he was sworn in as Kenya's fifth President.

They are appellate judges Weldon Korir, George Odunga, Aggrey Muchelule and Joel Ngugi, Evans Makori and Judith Omange of the Environment Court.

Ruto said he would swear them in on Wednesday at State House, Nairobi.

"Tomorrow, I shall preside over their swearing-in so that they can get on with the business of serving Kenyans," Ruto said.

The judges were among 40 others nominated in 2019 after a rigorous vetting exercise by the Judicial Service Commission (JSC) between July and August of the same year. 

In June 2021, Uhuru appointed 34 judges but left out six judges citing integrity issues.

In October 2021 soon after the High Court ordered Uhuru to appoint the remaining judges within 14 days, Kariuki appealed the judgment. 

The AG said he was dissatisfied with the court order as rendered by justices James Wakiaga, William Musyoka and George Dulu.

The three-judge bench had said in their judgment that the President can be sidestepped in the process of appointing judges.

On October 1, 2021, the Court of Appeal temporarily suspended their order.


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