This archive report was first published on 12 June 2021.
NAIROBI, Kenya, June 12, 2021 - Orange Democratic Movement (ODM) party leader Raila Odinga has challenged President Uhuru Kenyatta to make public the concerns and evidence that led to the rejection of six judges recommended for the Appeals Court.
Speaking for the first time about the raging debate, Odinga pointed out that Kenyans deserve to know why President Kenyatta declined to appoint the six judges when he appointed 34 others.
“The Country deserves an informed debate rather than a shouting match on this critical matter. The people of Kenya deserve to know why the various branches of the government take the positions they do on an issue critical to a nation as appointment of judges,” said Odinga.
He further emphasized the need for peaceful coexistence between the Executive, Parliament, and Judiciary, citing the unhealthy competition between the three arms of government in the last decade.
“I therefore challenge all the leaders in all the three arms of the government led by the President, Speakers of the National Assembly and the Senate as well as the Chief Justice to urgently seek a common ground in their powers in order to achieve a more effective government of the people, by the people and for the people,” said Odinga.
President Kenyatta had last week appointed 34 out of 41 judges nominated by the Judicial Service Commission for appointment to superior courts and declined to appoint six of them, including Justices Aggrey Muchelule, George Odunga, Weldon Korir, and Prof Joel Ngugi.
The President's move led to public uproar and deepened an already existing rift between the executive and the Judiciary.
President Kenyatta had cited intelligence reports as the reason for rejecting the six judges, but he did not provide more details.
Chief Justice Martha Koome has however, urged him to appoint the remaining six judges, saying he has no choice but to appoint the remaining judges.
“Respect for the rule of law and the independence of the Judiciary is guaranteed under the Constitution. No person or authority is allowed to direct the JSC or the Judiciary in the execution of their mandate,” she said.
