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Court of Appeal Dismisses Katiba Institute's Appeal on JSC Members

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Nyakundi Report

Newsroom 1 min read

This archive report was first published on 27 July 2020.

On February 9, 2020, a photo was taken of a court hearing related to the appeal.

The Court of Appeal has dismissed an appeal by Katiba Institute against the appointment of three Judicial Service Commission members.

The institute had challenged a high court decision in favor of Olive Mugenda, Felix Koskei, and Patrick Gachochi.

Appellate judges W. Karanja, Asike Mukhandia, and Fatuma Sichale dismissed the appeal, citing lack of merit.

However, the court allowed a cross appeal, confirming that vetting of Patrick Gachochi and Olive Mugenda was not pleaded and was never canvassed.

Katiba Institute had filed a petition on March 8, 2018, challenging the appointment of the three as members of the JSC, citing lack of qualifications and unfair competition.

The institute argued that the appointment of Gachochi was null and void, as his nomination was done by the president instead of the public service commission.

Despite the evidence on record questioning the character and integrity of Olive Mugenda, the court disregarded it.

Following the ruling, Katiba Institute announced plans to appeal the decision to the Supreme Court.

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