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Monday, July 26, 2021 – Chief Justice Martha Karambu Koome has moved to prove her loyalty to State House after she called for the dismissal of the case challenging President Uhuru Kenyatta’s rejection of the six judges in the recent appointment.

In what appears to be a diplomatic approach, the Chief Justice, through lawyer Isaac Wamaasa, argues that the case filed by Katiba Institute seeking to compel Uhuru to appoint the six judges he left out during promotion is bad in law, fatally defective, and an abuse of the process of the court and therefore should be dismissed as soon as possible. 

The Judicial Service Commission (JSC) also took a similar stance in line with the Chief Justice seeking to have the matter dismissed. 

“The Chief Justice and JSC have no powers under the Constitution or the law to stop any Judge of a Supreme Court or a judicial officer from performing his or her judicial functions,” Wamaasa stated. 

Koome had initially cautioned President Kenyatta against interfering with the Judiciary and disrespecting the rule of law by leaving out the six judges. 

The Judges omitted in the Presidential appointment include Weldon Korir, Aggrey Muchelule, Evans Kiago, Judith Omange, George Odunga, and Joel Ngugi. 

Justices Odunga and Ngugi were part of a five-Judge bench that nullified the Building Bridges Initiative (BBI). 

In the appointments, the President accused the six judges left out of having questionable integrity. 

Justice Koome noted that the President had twice delayed the appointment of judges, pointing out that in 2014, he appointed 11 out of 14 judges recommended to him. 

She affirmed that the Judiciary should be allowed to execute its mandate independently. 


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