This archive report was first published on 6 November 2019.
Published on November 6, 2019, the Judicial Service Commission has faulted President Uhuru Kenyatta for delaying the appointment of 41 judges, saying it undermines the independence of the Judiciary.
Chief Registrar Anne Amadi said the judges have been subjected to unnecessary speculation on their qualifications and suitability.
The delay has affected timely resolution of disputes and business in the country due to the number of cases filed at the Land, Employment and Commercial courts.
President Kenyatta wrote to the JSC saying he could not approve the list of judges sent to him by the commission as they have integrity issues.
However, the commission said the President's inordinate delay to formalise the appointment of the judges undermines the constitutional role of the JSC in safeguarding and promoting independence of the Judiciary.
"The President's inordinate delay to formalise the appointment of the judges undermines the constitutional role of the JSC in safeguarding and promoting independence of the Judiciary," Ms Amadi said.
"The President has a duty to ensure the protection of rights and rule of the law. Failure to appoint the judges goes against this solemn constitutional duty. The delay in formalisation of the appointments is a departure from the right process."
Mr Njenga sued the Attorney General and listed the commission and Chief Justice David Maraga as interested parties.
According to the commission, the affected judges have not been given an opportunity to defend themselves, and no specific claims were tabled at the JSC from the NIS.
