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- The ruling according to Chacha Mwita underscored the critical need for accountability and respect for the rule of law in Kenya's judicial system
- President Kenyatta declined to appoint judges recommended by the Judicial Service Commission
- Justice Mwita emphasised the need for written reasons for non-appointment as stipulated by the Constitution
In a landmark ruling, six judges previously rejected by former President Uhuru Kenyatta due to alleged integrity concerns have been awarded Sh126 million in compensation for violations of their rights.
This decision underscores the critical need for accountability and respect for the rule of law within Kenya’s judicial system.
Background of the case
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On July 22 and August 13, 2019, the Judicial Service Commission (JSC) recommended the appointment of the following judges:
- Aggrey Muchelule
- Weldon Korir
- Joel Ngugi
- George Odunga
- Evans Makori
- Judy Omange
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Despite the JSC's recommendations, President Kenyatta declined to appoint them, citing undisclosed intelligence reports that questioned their fitness for judicial office.
Judicial findings
In his ruling, Justice Chacha Mwita highlighted the psychological toll the rejection had on the judges.“
"The inactions by the President left the six in an awkward position full of anxiety about what was happening and why they would be appointed,” Justice Mwita stated.
Mwita asserted that the judges were entitled to receive written reasons for their non-appointment, as stipulated by the Constitution.
Mwita emphasised that the President’s discretion in appointing judges is not absolute.
"The Constitution doesn’t give him discretion when it comes to appointing judges." This ruling is significant as it reinforces the principle that judicial appointments should be free from political influence and that the dignity of judicial officers must be upheld.
Implications of the ruling
The compensation awarded is not merely a financial restitution but also serves as a vital precedent.
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Justice Mwita noted, "Granting compensation will act as a deterrence against similar violations in the future." This ruling sends a clear message about the importance of protecting human rights and fundamental freedoms as enshrined in the Constitution.
In concluding his judgment, Mwita remarked on the broader implications of Kenyatta's actions.