Six Judges Compensated Ksh126 Million for Appointment Discrimination by Former President Uhuru
The High Court ruled on Tuesday that six judges are entitled to Ksh126 million, determining their rights were infringed upon when former President Uhuru Kenyatta failed to appoint them as Court of Appeal judges and for other judicial roles in 2022.
Judges Joel Ngugi, George Odunga, Aggrey Muchelule, Weldon Korir, Evans Makori, and Judith Omange were excluded from appointments after Uhuru selected 34 out of the 40 candidates proposed by the Judicial Service Commission (JSC) for the Court of Appeal, the Environment and Lands Court, and the Employment and Labour Relations Court.
Justice Chacha Mwita, in his decision, acknowledged the humiliation and psychological distress experienced by the six judges due to the former President’s refusal to appoint them as recommended by the JSC.
“The Constitution does not allow for discretion in appointing judges. The actions of the former President left the six judges in a distressing situation filled with uncertainty and anxiety regarding their appointments,” Mwita stated in his judgment.
Mwita further criticized Uhuru’s actions, asserting that the public comments and implications regarding the qualifications of the six judges constituted a breach of their rights under the law.
”There is no greater violation than when a country’s president makes public comments and insinuations that question the qualifications of state officers recommended for their positions,” he remarked.
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He noted that the six judges faced unfounded speculation about their non-appointments, primarily because the former President failed to provide any reasons for his decision.
Mwita emphasized that the ruling serves as a strong reminder that the rights of all Kenyan citizens must be upheld by the Constitution.
“The petitioners endured damaging speculation regarding their lack of appointments, which harmed their dignity. This ruling will convey a strong message that rights must be protected and respected, as mandated by the Constitution.”
The judge also highlighted that the circumstances surrounding the rejection of the six judges were intended to undermine the independence of the judiciary, the rule of law, and human rights.
The former president declined to appoint the six judges, citing unsubstantiated allegations without disclosing further details, despite public interest in the issue.
Nevertheless, the six judges were ultimately appointed in September 2022, following the recommendations of the JSC, when President William Ruto assumed office through an Executive Order.
Six Judges Compensated Ksh126 Million for Appointment Discrimination by Former President Uhuru
