The Court of Appeal is set to hear an application by President Uhuru Kenyatta, which seeks to reverse the High Court ruling directing him to appoint six judges he had earlier rejected.
The Court of Appeal president Daniel Musinga appointed a three-judge bench that will hear all the parties in the case before making a ruling.
In his application, Uhuru through lawyer Waweru Gatonye claims the judgment is an attempt to amend the Constitution in a manner not contemplated under Chapter 16.
Judges who were left out are Joel Ngugi, George Odunga, Weldon Korir, Aggrey Muchelule, Registrar of the High Court Judy Omange, and Chief Magistrate Evans Kiago.
The High Court had ordered the President to appoint the six nominees within 14 days failure to which, the six will be deemed to be duly appointed.
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Justices George Dulu, William Musyoka, and James Wakiaga directed Chief Justice Martha Koome to swear in the six after the two weeks.