The High Court has directed president Uhuru Kenyatta to appoint six Court of Appeal judges, who had left out while appointing the rest of the judges in June.

The six rejected judges, who include; Justices Joel Ngugi, George Odunga, Chacha Mwita, Aggrey Muchelule, and Weldon Korir are part of a total 41 judges who had been nominated by the Judicial Service Commission(JSC) to various Courts in 2019.

The 41 Judges were interviewed and shortlisted by the JSC in In July 2019, and their names were recommended to the president for appointment. It was however not until June 2021 that president Uhuru Kenyatta appointed 34 judges, leaving out the six on grounds that the six did not fit the criteria for appointment or promotion to the specified courts.

According to a ruling made on Thursday, 21st October by a three-judge bench comprising Justices William Musyoka, James Wakiaga and George Dulu, Uhuru Kenyatta should have made all the 40 appointments without leaving out anyone.

“Upon the lapse of the 14 days, without Uhuru having made the appointment it shall be presumed that his power to make them has expired and his office becomes functus so far as the appointments are concerned and the six nominees shall be deemed duly appointed effective from the date of default as Judges of superior courts for which they were recommended,” said the bench.

The ruling was occasioned by a case filed by Katiba Institute challenging the President’s decision to omit the six judges from promotion.

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