This archive report was first published on 22 October 2021.
On Thursday, October 21, 2021, the Supreme Court took a new direction in the dispute between President Uhuru Kenyatta and the Judiciary over the appointment of six judges.
According to a court order, if President Kenyatta fails to appoint the judges within the 14-day period, Chief Justice Martha Koome and the Judicial Service Commission (JSC) will take necessary action to appoint the judges.
Chief Justice Koome and the JSC were ordered to appoint the judges immediately if President Kenyatta fails to do so within the stipulated time.
The six judges who have been waiting for appointment since 2019 are George Odunga, Aggrey Muchelule, Joel Ngugi, Weldon Korir, Evans Makori, and Judith Omange.
According to the court order, President Kenyatta has failed to fulfill his constitutional duty to appoint the judges, who were nominated by the JSC in 2019.
The court cited the Constitution, which does not provide a clear direction on the action to be taken against the President for failing to fulfill his duties.
As a result, the court ordered the President's office to bear the costs of the case.
On Wednesday, October 20, 2021, the court ordered President Kenyatta to appoint the judges within 14 days, and on the same day, the Attorney General Paul Kihara Kariuki was barred from defending the case.
