By GERALD ANDAE
President Uhuru Kenyatta has opened talks with Chief
Justice Willy Mutunga over the selection of additional judges, amid a
fallout following last Friday’s appointment of 11 juries by the Head of
State.
The President said the consultation with the CJ regards the
14 judges he failed to appoint from a list presented to him by the
Judiciary Service Commission (JSC).
The Law Society of Kenya on Saturday said that the
President acted “unconstitutionally” when he decided not to approve all
the 25 nominees presented to him by the JSC.
The lawyers threatened to sue Mr Kenyatta for failing to approve the full list of proposed judges.
“The process of appointing the additional judges
recommended by the Judicial Service Commission is in progress and
consultations between my office and the Chief Justice as the chairperson
of the JSC are in progress,” said the President while swearing in the
11 judges at State House in Nairobi on Tuesday.
Dr Mutunga said that the new judges will help the Judiciary improve services and reduce case backlog in courts.
The new judges are Justus Momanyi Bwonwong’a,
Joseph Louis Omondi Onguto, Roselyne Ekirapa Aburill, Enock Chacha
Mwita, Robert Kipkoech Limo and Charles Kariuki Mutungi.
Others are Anthony Charo Mrima, Janet Nzilani
Mulwa, Crispin Beda Nagillah, Farah Amin Shaikh Mohamed and Margaret
Waringa Muigai.
“The law states clearly that the President shall
appoint all the judges who have been recommended by the JSC and by
leaving out other names, he acted in discrimination,” said the LSK
chairman Erick Mutua.
On Monday, The Kenya Magistrates and Judges
Association said that serving magistrate was among the 11 new judges and
they accused the president of discrimination.
“We strongly feel that magistrates have been
discriminated against since the appointments runs counter to the letter
and spirit of the constitution,” he added.
The lobby reckons that the executive arm of
government was represented in the selection panel and should have raised
questions on the inability of the seven magistrates at the recruitment
stages.
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