Dec 9, 2021

Mawazo Writing Africa

Writing about the main

Court of Appeal stops CJ Koome from swearing-in rejected judges

The six judges include Aggrey Muchelule, George Odunga, Weldon Korir and Joel Ngugi who should serve on the Court of Appeal / p>

The Court of Appeals says the High Court’s ruling of October 21, 2021 should remain suspended until the filing, hearing and ruling of two proposed appeals by President Kenyatta and Attorney General Paul Kihara Kariuki has been filed.

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“We agree with both Mr. Kenyatta and the AG that the appeal process The questions raised justify the questioning by the court and the response of the defendant, “ruled the court.

The dispute arose after President Kenyatta refused to appoint all 40 judges to the Supreme Court and the Appeals court were nominated, and relied on a negative opinion from the National Intelligence Service (NIS).

It later appointed 34 of the judges this June, resulting in one Lawsuit from t. led the Katiba Institute.

“As a result, we are satisfied that both of the proposed appeals are therefore not frivolous, but rather contentious,” it added.

In the judgment under appeal, the High Court had instructed the President to appoint the remaining six of 40 judges within 14 days.

Failure to do so, the court said, will be deemed to have expired his powers on the matter and the six candidates are deemed duly appointed to their respective offices.

Subsequently, the court had stated that Presiding Judge Martha Koome and the Judicial Service Commission (JSC) can take whatever steps are necessary to get the nominees sworn in and duties Transferred.

But both Mr. Kenyatta and AG Kihara rushed to the appellate court to stop the enforcement of the orders on the grounds that the judgment was unconstitutional.

Offices’ in conflict ‘

They argued that the ruling, if implemented, has the potential to dispute the office of President and that of Chief J.

They also argued that if the six nominees will assume their new roles and preside over cases that would create uncertainty about the legality of such proceedings.

“It would therefore expose consumers of justice to unlimited harm and agony, should it emerge the six candidates should not be deemed to have been appointed by the president after the deadline set by the court, “said Mr. Kenyatta and the AG.

The appellate judges ruled in their favor, but found that Mr. Kenyatta and the AG will be null and void in the event of the execution of the orders of the High Court.

The bank consisting of Judges Roselyn Nambuye, Wanjiru Karanja and Imaana Laibuta made the verdict after discussing the arguments on appeal However, given the nature of the litigation and the urgency involved, the court said the case should be brought before the President of the Court (Daniel Musinga) within 14 days for instructions on how to deal with the duo intended appeal.

Mr. Kenyatta argued that it was only fair and in the interests of justice to keep the prevailing status quo until the intended complaint was heard and decided.