Kenya’s High Court ruled that the six justices rejected by President Uhuru Kenyatta during the June 3, 2021 appointments appointed.
In a ruling delivered on Thursday, Judges James Wakiaga, George Nduru, and William Musyoka said that the President violated the Constitution to fail to appoint Justices Aggrey Muchelule, George Odunga, Weldon Korir, Prof Joel Ngugi, Judith Omange, and Evans Makori.
Justices Ngugi, Odunga, Muchelule, and Korir were recommended for appointment to the Court of Appeal, while Omange and Makori were nominated to the Environment and Lands Court.
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The trio argues President Kenyatta ought to have made the appointments without any deductions or additions.
Kenyatta had appointed 34 of the 40 nominees presented by the Judicial Service Commission (JSC) but left out the six.
The President defended his decision, claiming that the six did not meet the qualifications for appointment or promotion to the specified courts, and remanded their nomination to JSC.
The decision was then challenged in the court by Katiba Institute; an NGO established to promote knowledge and understanding of Kenya’s Constitution and constitutionalism and to defend and facilitate the implementation of the Constitution.
The court ruled that the six judges can now be sworn in before Chief Justice Martha Koome.
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