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Kenyan Digest

Court ruling on appointment of 41 judges challenged

1 min read
Published 10 March 2020

The petitioners accuse the JSC of failing to carry out public participation and due diligence before appointing the 41 persons

A ruling over the delay in the appointment of 41 judges by the president as presented to him by the Judicial Service Commission (JSC) has been challenged in court.

The court had ruled that the President has no mandate to review, reconsider or decline to appoint those recommended for promotion by the Judicial Service Commission, a verdict that has been challenged by the Attorney General.

Justice James Makau has directed parties in the case to submit their responses by Thursday when a three-judge bench will issue further directions.

Justice Makau has directed the petitioner city lawyer Adrian Kamotho, the Law Society of Kenya and the office of the Attorney General, to submit their responses by the 12th of March.

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Kamotho had challenged the delay in the Gazettement of the judges following the appointment by the Judicial Service Commission.

A three judge bench had observed that the president had contravened the constitution in failing to gazette the appointments on the basis of integrity questions on some judges.

Justices Lydia Achode, James Makau and Chacha Mwita had ruled that the President has no mandate to review, reconsider or decline to appoint those recommended for promotion by the Judicial Service Commission.

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