This archive report was first published on 23 October 2019.
Published on October 23, 2019
President Uhuru Kenyatta has rejected 41 judges nominated by the Judicial Service Commission, citing integrity concerns and poor funding.
The President's decision was revealed in an affidavit filed by Head of Public Service Joseph Kinyua in response to a court case filed by lawyer Adrian Kamotho.
According to the affidavit, the President received adverse reports on some of the nominees and believes that the Judicial Service Commission should have considered this information before making the recommendations.
The President argues that it would be irresponsible to appoint judges with integrity concerns, especially those who enjoy security of tenure.
He also cited poor funding as a reason for his reluctance to appoint the new judges, stating that the Judiciary does not need extra judges.
The President intends to return the names to the Judicial Service Commission for review and if not done, he will seek the court's help.
The court case was filed by lawyer Adrian Kamotho, who wants the High Court to compel the President to make the appointments.
Justice Makau gave parties 21 days to seek an out of court settlement.
