This archive report was first published on 21 June 2020.
On June 21, 2020, Katiba Institute took the High Court to task over the partial appointment of 41 judges nominated for promotion.
The lobby, in a fresh suit, has sued President Uhuru Kenyatta, Attorney General Paul Kihara Kariuki, and Chief Justice David Maraga.
According to Katiba Institute, the anticipated selective appointment of judges would undermine the functions and powers of the Judicial Service Commission and the functioning of the Judiciary.
Lawyer Dudley Ochiel, representing the lobby, argued that the partial appointment of judges would be unconstitutional and stigmatizing.
"A partial appointment of the nominated judges would illegally serve a constructive removal of any nominee who is already sitting as a judge and is excluded from the partial appointment," Ochiel said.
The lobby alleged that the President's refusal to appoint the 41 judges has significant effects on the right to fair hearing, right of access to and administration of justice, and right to fair trial.
Recently, Chief Justice David Maraga blamed President Kenyatta for the shortage of judges and continuous disobedience of court decrees on the part of government.
