The move by President Uhuru Kenyatta not to formally appoint six out of the 40 judges recommended to him by the Judicial Service Commission (JSC) has not only placed newly appointed Chief Justice (CJ) Martha Koome in the spotlight but also trending on Twitter.

In a Gazette notice on Thursday, President Kenyatta confirmed the appointment of 34 judges, leaving out six on the grounds that they have a questionable record.

And in an interesting twist, two of the six judges rejected by the President namely Justice George Vincent Odunga and Justice Joel Mwaura Ngugi, are among the five bench judges who recently termed the Constitutional Amendment Bill 2020 as unconstitutional.

After the President’s announcement, Kenyans flocked social media to urge the CJ to take decisive action against the Executive.

Lawyer Ahmednasir Abdulahi asked the CJ and JSC to unanimously agree that either all the judges are appointed or should not attend the swearing-in ceremony.

“I think CJ Koome and JSC must have an emergency meeting and resolve unanimously to engage H.E Uhuru with one agenda: “Appoint all 40 judges or none will come for swearing-in State House”,” he tweeted.

The Law Society of Kenya President Nelson Havi said, for Chief Justice David Maraga, it was all 40 Judges or none.

“For Chief Justice Emeritus David Maraga, it was all 40 Judges or none, a stand supported throughout by LSK. Chief Justice Martha Koome has weakened the Judiciary by conceding to the rejection by Uhuru Kenyatta of four Judges and two Magistrates. No congratulations from me,” he tweeted.

US-based Kenyan lawyer Makau Mutua says the President can not choose which provisions of the constitution to obey or disregard.

“BBI judges Joel Ngugi and George Odunga have been denied elevation to the Court of Appeal. Mr. Kenyatta can’t choose which provisions of the CONSTITUTION to OBEY or DISREGARD. Gazetted judges should DECLINE their appointment until ALL JSC-recommended judges are included,” he said.





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