This archive report was first published on 17 July 2020.
President Uhuru Kenyatta has been urged by three Western diplomats to appoint 41 judges proposed by the Judicial Service Commission, who have been unable to assume office since July 2019.
British High Commissioner Jane Marriott, US Ambassador Kyle McCarter, and EU Ambassador Simon Mordue, in an op-ed, called on the President to resolve the delay in appointing judges to vacant positions, citing two court rulings that directed him to do so.
The diplomats praised the strides Kenya had made in the judicial sector, including the expansion of infrastructure and the introduction of mobile courts, saying they had increased access to justice.
However, President Kenyatta has refused to appoint the judges, citing integrity issues, with Attorney-General Kihara Kariuki saying that the President will not abdicate his role as Head of State and government to appoint persons with a questionable record to serve the nation in the solemn role of judge.
Chief Justice David Maraga has noted that the allegations against the judges have neither been brought before the JSC nor made public for the judicial body to act on them.
The diplomats also called for the enactment of the Judiciary Fund Act, which would give a percentage of the national revenue to the Judiciary, and for full funding of the National Legal Aid Service to enable it to serve the poor.
