LSK wants President to approve all JSC nominees as judges

Lawyer Nzamba Kitonga. The national government may maintain a straight face in claiming that it needs County Commissioners and their many officers. But the truth is that the national government is reeling under a stifling wage bill and gross duplication of functions, says Mr Kitonga FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • 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.

Among those appointed is Attorney General’s wife Mrs Margaret Waringa Muigai. The other 10 are Justus Momanyi Bwonwong’a, Joseph Louis Omondi Onguto, Roselyne Ekirapa Aburill, Enock Chacha Mwita and Robert Kipkoech Limo.

Others in the list are Charles Kariuki Mutungi, Anthony Charo Mrima, Janet Nzilani Mulwa, Crispin Beda Nagillah and Farah Amin Shaikh Mohamed.

LSK further claimed that the President had taken time to fill a vacant position in JSC left by former Commissioner Christine Mango whose term expired December 2013.

“…the President has abdicated his constitutional duty in respect of appointment of the 25 judges and in replacing Prof Christine Mango, the lay person in the JSC whose tenure expired in December 2013,” said the lawyers.

LSK also said the delay in appointing all the 25 judges recommended by JSC in January was “unreasonable and unconstitutional.”

The President is yet to decide on the fate of former Nairobi Chief Magistrate Waweru Kiarie, Olga Akech Sewe, Stephen Riech, Patrick Otieno Okwaro, Winfrida Adhiambo Okwany, Anthony Kimani Ndung’u, and Mugure Thande.

Others are Margaret Njoki Mwangi Githinji Stephen Murugu, Dorah O. Chepkwony, Ongeri Asenath Nyaboke, Njuguna Lucy Mwihaki and Mativo Mutinga John.