Chief Justice Martha Koome has made an appeal challenging High Court’s decision that gave her the mandate to appoint the six judges President Uhuru Kenyatta had rejected.
Koome wishes the Appellate Court to overturn the High Court’s decision, allowing her to appoint and swear in the six judges in question over integrity issues.
Koome, through her lawyers Muma and Kanjama Advocates wrote to the High Court Deputy Registrar to provide her with court documents of the case to facilitate her filing of the case.
Her lawyer Charles Kanjama said the CJ is dissatisfied with the High Court’s judgement and decree and would wish to appeal to the Appellate Court.
“Take notice that the Chief Justice being dissatisfied with the judgment and decree of the High Court intends to appeal to the Court of Appeal against the whole of the said judgement and decree. We request to be furnished with the proceedings to file the CJ’s record of appeal,” Kanjama said.
Koome now joins Uhuru and Attorney General Kihara Kariuki in appealing against the High Court decision and obtained orders barring her from appointing and sweating in the rejected judges.
The High Court judgement delivered on August 21 by Judges George Dulu, James Wakiaga and William Musyoka ordered President Uhuru to appoint the six judges within fourteen days.
The president was also ordered to appoint High Court Registrar Judith Omange and Mombasa Chief Magistrate Makori Evans to the Environment and Lands Court.
His failure to make the appointments within the specified time would render his mandate to appoint expired, therefore allowing the Chief Justice to perform the duty.
However, Court of Appeal Judges Roseline Nambuye, Kibaya Laibuta and Wanjiri Karanja temporarily halted the implementation of the decision until November 19, 2021.
In President Uhuru’s appeal through his lawyer Waweru Gatonye, he said that the High Court’s decision is likely to exacerbate the relationship between the judiciary and the executive.
On the other hand, the AG also asserted through Senior State Counsel Emmanuel Bitta the appointment and swearing-in of the six judges while there still are some pending issues regarding their integrity will make the public lose trust in the judiciary.
“Allowing the judges to assume their positions will mean that the public will be forced to appear before judges whose integrity is still in question. It will set a bad precedent since the public will not have confidence to appear before them,” he said.
The AG said the High Court judges, in a clandestine move, changed the constitution to strip the president of his powers to appoint the judges, therefore, committing a constitutional coup because their declarations were not lawful.
Kariuki also said the six judges will not be performing their duties legally, as their appointment is still being challenged. He also said any judgement they make will be questionable.
President Uhuru rejected the names of the six judges; Aggrey Muchelule, George Odunga, Joel Ngugi, Judith Omange Cheruiyot, Makori, Evans Kiago and Weldon Korir over alleged integrity issues surrounding them.