This archive report was first published on 22 October 2021.
On October 31, 2020, a three-judge bench of the Kenyan High Court ruled in favor of six judges who had been left out of President Uhuru Kenyatta's 2020 appointments.
The court, composed of Justice George Dulu, William Musyoka, and James Wakiaga, found that President Kenyatta had violated the constitution and the Bill of Rights by discriminating against the six judges: Justice Weldon Korir, Georgia Odunga, Prof. Joel Ngugi, Aggrey Muchelule, Evans Makori, and Judith Omange.
The judges were supposed to be appointed within 14 days of their selection in July and August 2019, but President Kenyatta took almost a year to make the appointments, citing integrity issues.
However, the court ruled that the President had no power to vet or consult anyone over the appointment of judges and that he relied on a secret report to reject the six judges.
According to the ruling, if President Kenyatta fails to appoint the six judges within the stipulated period, they will be deemed duly appointed, and the Chief Justice and the Judicial Service Commission should swear them in.
