This archive report was first published on 10 July 2020.
July 10, 2020
Activist Okiya Omtatah has taken President Uhuru Kenyatta to court over the delayed appointment of 41 judges recommended by the Judicial Service Commission.
Omtatah wants the Employment and Labour Relations court to compel President Kenyatta to present the names of the judges to Parliament for approval, citing a constitutional obligation.
According to Omtatah, the President's failure to act on the recommendations is a violation of the constitution, particularly Article 47(1), which requires administrative action to be expeditious, efficient, lawful, reasonable, and procedurally fair.
Omtatah also argues that the President's failure to present the names to Parliament is a breach of Article 129 of the constitution, which requires the President to respect, uphold, and safeguard the constitution.
He further claims that the President's actions are in contravention of Article 131(2)(a), which states that the President shall respect, uphold, and safeguard the constitution.
Omtatah wants the court to declare that the President is under a constitutional obligation to present the names of the judges to Parliament for approval.
He also seeks a declaration that the Employment and Labour Relations court has exclusive jurisdiction over all disputes concerning the recruitment and appointment of state officers, including judges of the superior courts.
