In Summary
  • The Law Society of Kenya Saturday said the President acted “unconstitutionally” when he decided not to approve all the 25 nominees given him by the judicial body.
  • President Kenyatta appointed 11 judges on Friday from the list, saying he was still yet to decide on the other nominees.
  • LSK said the President had no legal right to agree or disagree with JSC as his role in the appointment was “ceremonial.”

Lawyers will move to court to contest President Uhuru Kenyatta failure’s to approve the full list of proposed judges sent to him by the Judicial Service Commission.

The Law Society of Kenya Saturday said the President acted “unconstitutionally” when he decided not to approve all the 25 nominees given him by the judicial body.

President Kenyatta appointed 11 judges on Friday from the list, saying he was still yet to decide on the other nominees.

The lawyers’ body, however, said the President had no legal right to agree or disagree with JSC as his role in the appointment was “ceremonial.”

“The role of the President in the appointment of judges is ceremonial and that the purported approval and/or disapproval of names of those recommended for appointment as judges by the Judicial Service Commission is unconstitutional,” said LSK in a statement sent to newsrooms Saturday evening.

The lawyers have tasked Mr Nzamba Gitonga to lodge a petition in court challenging the failure by the Head of State to approve JSC’s list.

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