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More Confusion as Advocate of High Court Says Ruling to Compel Uhuru to Appoint Judges is Misleading

On Thursday, three judges of the High Court ruled that President Uhuru Kenyatta had failed to honor the constitution by leaving out six judges who were approved alongside 34 others for appointment by the Judicial Service Commission.

The court compelled the president to appoint the six within 14 days, failure to which they will be considered formally appointed, and the Chief Justice Martha Koome will swear them in.

According to Lawyer Charles Kanjama who is an advocate of the High Court, the ruling is misleading since the Constitution does not give an alternative situation if the president fails to appoint the judges.

"The Constitution does not contemplate a situation in which the Chief Justice or the JSC does the appointment. The Court went beyond the Constitution, since there is no where the constitution contemplates another president's role apart from appointing judges," said Kanjama.

Kanjmaa further termed the situation 'untidy' after Office of the President stated that they will be appealing the High Court ruling.

"If the president and the Attorney General are not successful in appealing, the Chief Justice will be the one to decide whether to swear in the judges. In an event where she swears them, and later the Court of Appeal decides that the President was right, the judges will have to be 'un-sworn,; added Kanjama.

Content created and supplied by: TeresaKE (via Opera News )

Charles Kanjama High Court Kanjama Kanjmaa Uhuru Kenyatta


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