The high court has temporarily barred the Judicial Service Commission from recruiting new judges to the court of appeal and high court.
Justice Antony Mrima issued conservatory orders suspending any further action by JSC, including invitation, consideration, evaluation, deliberation or interview of application for appointment of judges to the court of appeal and high court.
According to Judge Mrima, though there is a need to recruit more judges to the superior courts, the process must comply and be within the constitution.
In the case, Katiba Institute had sued Chief Justice Martha Koome and JSC seeking to stop the recruitment of new judges until the 6 judges were appointed into office.
JSC had shortlisted candidates for interviews this month, to fill positions of judges of the court of appeal and high court.
A city advocate had questioned the decision by the Judicial Service Commission to advertise for vacancies while six are judges waiting to be sworn in.
Peter Mabuka has written to the JSC asking for information on why they advertised positions for six Court of Appeal and 20 High Court judges.
The judges who the President Uhuru Kenyatta declined to appoint to the Court of Appeal include Justices Joel Ngugi, Aggrey Muchelule, George Odunga and Weldon Korir.