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Friday, June 4, 2021 – The Kenya Magistrates and Judges Association has lambasted President Uhuru Kenyatta for failing to appoint all the 40 judges as recommended by the Judicial Service Commission (JSC).

In a Gazette notice on Thursday, Uhuru appointed 34 judges and left six judges, among them, Justice Joel Ngugi and Justice George Odunga, who stopped the Building Bridges Initiative (BBI) reggae last month.

In a statement released to the media and signed by its secretary-general Derrick Kuto, KMJA says the President has no power to leave other judges out of his appointment.

“Yesterday, June 3, 2021, His Excellency the President of the Republic of Kenya vide gazette notices number 5233, 5234 and 5235, appointed honorable judges to various courts and in a shocking turn of events, the President declined to appoint six (6) of the judges nominated by the JSC. All the six are currently serving on the bench,” Kuto said.

He said the President was to appoint all the judges as recommended.

“Once the JSC has recommended names for the appointment, the President has no power to tinker with the names. 

“Any such attempt amounts to interference with the institutional independence of the JSC, violation of the Constitution and in particular, the rule of law which the President swore to uphold. The decision to leave out the six is therefore baffling, unfounded and patently unconstitutional. “reads part of the statement.

Kuto said Kenyans overwhelmingly voted for the current constitution and gave the JSC powers to recommend judges for appointments.


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