The High Court has declared that President Uhuru Kenyatta’s failure to appoint 41 judges whose names were forwarded to him as unlawful and unconstitutional.
The three-judge bench comprising Justices James Makau, Chacha Mwita and Lydia Achode ruled that the President has no mandate to review, reconsider or decline to the appointment of judges as forwarded by the Judicial Service Commission.
“The president’s failure to appoint the judges violates the Constitution and JSC Act,” ruled the judges.
The bench also ruled that the JSC also has no power to review the names again once they have been forwarded to the President.
The High Court judges also faulted the National Intelligence Service for failing to disclose the adverse information they alleged against some of the judges during the interview process
“The appointment of judges by the President should be immediate and should not delay or take time. The Constitution demands that the President appoints the judges within 14 days after the names are forwarded to him,” ruled the three-judge bench.
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