This archive report was first published on 25 June 2021.
On June 4, 2021, President Uhuru Kenyatta swore in 34 judges, while rejecting six others recommended by the Judicial Service Commission (JSC). The rejected judges include High Court Justices Joel Ngugi, George Odunga, Aggrey Muchelule, and Weldon Korir, as well as chief magistrate Evans Makori and High Court registrar Judith Omange.
Deputy President William Ruto has stated that he would have appointed the six rejected judges if he were the Head of State. In an exclusive interview with KTN News on Thursday night, Ruto said he agrees with former Chief Justices David Maraga and Willy Mutunga that a president is constitutionally bound to appoint all judges nominated by the JSC.
President Kenyatta rejected the nominations citing integrity and suitability issues. However, Ruto believes that the six judges should not be condemned unheard. He stated that the former Chief Justices have said clearly that the right thing that should have happened was for all judges to be appointed and subsequently, if there are integrity issues on any judge, then the normal process that involves a tribunal and those judges being subjected to due process should have been followed.
President Kenyatta's decision was based on intelligence reports on the judges he omitted on his list from that recommended by the JSC in 2019. He stated that he took an oath to uphold both the letter and the spirit of the law and that he will choose right over the convenient, choose the hard over the easy.
However, the High Court temporarily stopped any investigation or prosecution of the six judges after a petitioner, Benard Okello, argued that the president discriminated against the judges and has no powers to review the appointments. Justice James Makau in his ruling barred the JSC from convening, recommending in a meeting, and exercising any action against the rejected judges.
