Six judges have been awarded a total of 126 million shillings in compensation after former president Uhuru Kenyatta declined to appoint them, despite the Judicial Service Commission’s (JSC) recommendation in 2019.
High Court judge Chacha Mwita ruled that the former president was obligated to appoint the judges as advised by the JSC but did not append his signature, which Justice Mwita said the three-year delay damaged the judges’ reputation and dignity.
“The petitioners had to endure negative speculation on why they had not been appointed, injuring their dignity,” Justice Mwita ruled.
The judges, who include; Joel Ngugi, George Odunga, Aggrey Muchelule, Weldon Korir, Judith Omange and Magistrate Evans Makori moved to court to seek damages after Uhuru declined to swear them into office in 2021.
The judge noted that the delay violated the judges’ right saying that they ought to have been given written reasons as to why the president failed to appoint them.
Speaking during the meeting with the judges, President William Ruto said that the judiciary is a very critical arm of government and that the nation’s economy, security, and people’s rights and freedom depends on it, and therefore requires necessary support.
“as the executive we have a strong interest in an effective and efficient Judiciary because our nation’s economy and security and the people’s rights and freedom depend on it for this reason we shall not hesitate to make our contribution to the enhancement of the judiciary’s capacity to deliver Justice in every part of Kenya, especially through support for infrastructure and other development requirements”
Granting compensation, he said will act as a deterrence against similar violations in the future.
“It will send a clear message and remind stare that rights must be protected and respected as demanded by the constitution,” asserted the Judge.
In closing, the Judge said Uhurus’s move was intended to undermine the independence of judicial independence including the rule of law and human rights.
He issued a declaration that he he violated the constitution in failing to appoint the six even after they had been recommended for appointment.