In a forceful letter, the former CJ urged the President to overturn his decision, describing it as “presidential obstinacy”.
He noted that the six judges were exceptional people and called for that the President appoints and swears them into office without further delay.
Dr. Mutunga, who served as CJ between 2011 and 2016, reminded the head of state that he was obliged by clear constitutional provisions and numerous court orders to appoint all the recommended judges without review or trial.
“The president must Resist temptation to adorn oneself in the pettiness of performing power, “the former CJ said in the open letter yesterday.
Last Thursday, President Kenyatta finally bowed to public pressure and appointed judges in 2019 to replace him recommended by the JSC. However, he fueled further controversy when he named just 34 of 41 on the list (one died last year).
The 34 were sworn in last Friday despite protests by lawyers and politicians.
Supreme Court Justices Joel Ngugi, George Odunga, Weldon Korir and Aggrey Muchelule, who were to be promoted to the Court of Appeals, were omitted.
The President also declined Mr. ab Evans Makori and Ms. Judith Omage, who was recommended for appointment to the Labor Court.
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“Do the right thing”
Dr. Mutunga said the president’s decision struck the reputation of his office, undermined the rule of law and undermined public confidence in both the “heightened majesty of statecraft and the granularity of the administration of justice”.
“Independence and Accountability to the judiciary is non-negotiable, “he said, warning the President that he would learn the lesson from his actions in the abundance of time.
” Mr President, you carry the burden of history, right for Kenya Constitution, its institutions and the general public. Take that burden off: just do the right thing. “
He said the scientific formulation in the constitutional provision on the appointment of judges was intended as an antidote to” this kind of whimsical and capricious behavior on the part of the President ” it is ugly on display in this matter. ”
According to Dr. Mutunga, all allegations against the judges should be presented to candidates for comment before the JSC makes a decision on eligibility. makes of the candidate.
“When the 41 judges were recruited, the President did not produce any negative reports in due course,” he said.
ioruko @ ke. nationmedia.com