Kenya Magistrates and Judges Association responds to President Uhuru Kenyatta's controversial appointments

Judges break silence on rejection of 6 colleagues in Uhuru's appointments

Mwangi Gathanwa

June 4, 2021 2:00 PM

Solidarity forever.

Kenyan judges at a past Judiciary event

The Kenya Magistrates and Judges Association (KMJA) has issued a response after President Uhuru Kenyatta declined to gazette the appointment of six judges.

In a press statement seen by Pulse Live, the association expressed shock in the unexpected turn of events.

“The decision by the President to leave out the six is therefore baffling, unfounded and patently unconstitutional.

"The President is setting a very bad precedent for this country, one of not following the rule of law and disobedience of court orders,” the association noted.

The jurists called upon President Kenyatta to immediately gazette the six individuals who were left out.

Citing a ruling by the High Court, the association said that the Head of State has no power to alter the list of names submitted by the Judicial Service Commission.

“Any such attempt amounts to interference with the Institutional Independence of the JSC, violation of the Constitution and in particular, the rule of law which the President swore to uphold,” read the statement signed by KMJA Secretary General Derrick Kuto.

The Law Society of Kenya (LSK) has also condemned President Kenyatta's decision to exclude the said judges.

LSK has threatened that it will move to court for appropriate orders should President Kenyatta fail to comply with the law.

Prior to the promulgation of the Constitution of Kenya 2010, the President had power to appoint Judges.

In 2010, Kenyans voted to have a Constitution that gave the Judicial Service Commission (JSC) the power to recommend Judges for appointment by the President.

Mwangi Gathanwa