Uhuru has no authority to reject judges presented by JSC- Court rules

Uhuru's concerns dismissed by court

President Uhuru Kenyatta

A court has ruled that President Uhuru Kenyatta has no authority to reject or alter the list of judges presented to him by Judicial Service Commission.

The three-judge High Court bench directed President Kenyatta to immediately appoint the 41 Judges who were nominated by JSC.

JSC had appointed the judges to the court of appeal and the high court but Uhuru refused in affirming their appointment.

President Kenyatta defended his decision not to gazette 41 judges picked by JSC, saying he had received adverse reports on some of them.

Uhuru's response

He argued it would be irresponsible on his part to appoint the judges who enjoy the security of tenure given the integrity concerns and reveals he will ask relevant authorities to take “legal and administrative” action.

Head of Public Service Joseph Kinyua filed an affidavit on behalf of the President in response to the suit, in which he revealed the integrity concerns against some of the nominees.

In the affidavit, the President questioned why JSC never considered this adverse information against the unnamed applicants for the jobs in the bench.


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