Nairobi, Kenya, October 8- In a historic ruling, six judges previously rejected by former President Uhuru Kenyatta over alleged integrity concerns have been granted Sh126 million in compensation for violations of their constitutional rights. This case highlights the importance of accountability and respect for the rule of law within Kenya’s judiciary.
On July 22 and August 13, 2019, the Judicial Service Commission (JSC) recommended the appointment of judges Aggrey Muchelule, Weldon Korir, Joel Ngugi, George Odunga, Evans Makori, and Judy Omange. However, despite these recommendations, President Kenyatta refused to appoint the judges, citing undisclosed intelligence reports that raised questions about their suitability for the judiciary.
In his ruling, Justice Chacha Mwita underscored the psychological and professional impact that the rejection had on the judges. He noted that the lack of transparency in the process caused significant distress.
“The inactions by the President left the six in an awkward position, full of anxiety about what was happening and why they were not appointed,” said Justice Mwita.
Mwita also stressed that under the Constitution, the judges had a right to receive written reasons for their non-appointment. He further clarified that the President’s role in appointing judges is not discretionary, emphasizing that judicial appointments must follow constitutional guidelines, free from political interference.
“The Constitution doesn’t give him discretion when it comes to appointing judges,” Mwita stated.
This ruling serves as a critical reminder that judicial officers must be treated with dignity and that the independence of the judiciary is paramount in a democratic society.
