41 Judges Awarded Millions After Appointment Dispute with Uhuru Government
The High Court has directed the government to pay Ksh102.5 million in compensation to 41 judges whose appointments were blocked during former President Uhuru Kenyatta’s administration. The court ruled that the judges’ rights were violated by the government’s inaction.
In 2020, President Kenyatta refused to appoint 41 judges to three separate courts, despite repeated orders from the judiciary directing him to follow the proper appointment procedures.
The President cited concerns over the integrity of some nominees, pointing to reports from the National Intelligence Service and other security agencies that raised questions about certain individuals.
The former President also argued that some of the nominated judges did not meet the required standards for judicial office. He insisted that appointing individuals with questionable records would have compromised his constitutional duty to protect the integrity of the state.
In addition, some of the rejected judges had previously served on benches that had declared the Building Bridges Initiative (BBI) unconstitutional, a factor that reportedly influenced the decision not to appoint them.
When it became evident that the President would not act, a petition was filed in the High Court to compel him to appoint the judges recommended by the Judicial Service Commission.
In February 2020, a three-judge bench ruled that the President had no authority to reject or reconsider the list submitted by the JSC, declaring his refusal a violation of the Constitution. Despite this ruling, the appointments were still not carried out.
A separate petition was filed in defense of the President’s inaction, citing reasons such as financial cost and needs assessment of the judiciary.
However, the same High Court judges dismissed this petition, reinforcing that the President could not selectively block appointments.
The controversy drew public criticism, including from retired Chief Justice David Maraga, who condemned the President for “cherry-picking” nominees.
Maraga emphasized that the Constitution does not grant the President the power to alter or reject recommendations made by the JSC.
Although the Attorney General, Paul Kihara, filed notices of appeal against the High Court’s rulings, the court’s decisions remained intact and were not overturned.
When Chief Justice Martha Kome assumed office on May 21, 2021, she expressed her determination to resolve the long-standing stalemate.
Within just two weeks of taking office, 34 of the 41 judges who had been previously blocked were finally appointed to their respective courts, bringing relief to the judiciary.
This case follows a previous High Court ruling in which six judges who had earlier been rejected for appointment were awarded Ksh126 million in compensation.
The latest decision to compensate the 41 judges reflects the judiciary’s commitment to upholding the rights of individuals and ensuring the constitutional process for judicial appointments is respected.
The dispute highlights the tension between the executive and judiciary in Kenya, demonstrating the challenges of maintaining judicial independence while navigating political considerations.
It also underscores the importance of respecting the role of the JSC in vetting and recommending judicial candidates, as enshrined in the Constitution.
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