President Uhuru Kenyatta has appointed the judges who were recommended by the Judicial Service Commission (JSC).
The president, who is in bad terms with the High Court Judges after they quashed the unconstitutional Building Bridges Initiative and its recommendations of Constitution amendment Bill 2020, finally threw his Executive sword at the Judiciary.
JSC had forwarded the names to be of 41 Justices to be appointed Judges more than two years ago- in mid-2019.
Kenyatta declined to appoint four court of appeal nominees among them Justices Weldon Korir and Aggrey Muchelule.
The nomination of justice George Odunga and Prof. Joel Ngugi was also declined.
The names of the four judges who were rejected have been referred back to the commission.
On Wednesday, a three-judge bench gave their directions on the appeal and a SEVEN JUDGE bench was selected to hear the BBI appeal case, Court of Appeal President Justice Daniel Musinga said.
Earlier this week, the Attorney General formally filed his appeal against the High Court ruling on the Building Bridges Initiative (BBI) Bill that was delivered by a five-judge bench mid last month.
President Uhuru Kenyatta and former Prime Minister Raila Odinga have also filed their formal appeal. This now sets the stage for the respondents to file their responses before the hearing of the appeal begins.
It is not yet clear if the applicants in the appeal will first hear the applications for stay or deal with the main appeal where the AG and other appellants want the High Court decision overturned.
Through Solicitor General Kennedy Ogeto, the AG presented a list of 31 key points saying the learned judges erred in law and fact by declaring the BBI unconstitutional.
In a similar move, President Kenyatta through his lawyer Waweru Gatonye also filed a 10-page formal appeal arguing the same.
On May 14, 2021, the High Court declared the Constitution of Kenya Amendment Bill 2020 as unconstitutional. And now, the Judges involved in the ruling have been snapped by the President.
Is President Uhuru Kenyatta trying to trim the Judiciary with his Executive sword?
