This archive report was first published on 19 July 2020.
July 19, 2020 - President Uhuru Kenyatta is facing mounting pressure to appoint the 41 judges proposed by the Judicial Service Commission (JSC) a year ago.
The Law Society of Kenya (LSK) has expressed concern that the delay has caused confusion in the legal practice, with nominated lawyers from the private sector unsure whether they are appearing in courts as judges or private advocates.
LSK President Nelson Havi said that among the 41 nominees are 27 of the society's active members whose livelihood has suffered since July last year when the JSC recommended their appointment.
"On the other hand, their counterparts serving in the judiciary as magistrates and judges are covered in so far as their livelihood is concerned. Consideration has to be made for the 27 nominees who appear to have been left in the purgatory of the transition from the bar to the bench," said Mr Havi.
Among the 27 lawyers, one was recommended to the Court of Appeal, 16 to the Environment and Lands Court, and 10 to the Employment and Labour Relations court.
Another concern in the legal fraternity is the fate of decisions rendered by the 10 High Court judges the JSC recommended for promotion to the Court of Appeal but who have continued to serve in their former posts.
Their decisions may end up being challenged at the Court of Appeal.
LSK has taken various measures to end the stalemate, including a motion to expel Attorney-General Kihara Kariuki and Solicitor-General Kennedy Ogeto from the society.
