The looming executive and judiciary row is still on an escalating trail after the high court order to President Uhuru Kenyatta with an ultimatum of 14 days to appoint the pending 6 judges.
This comes after the Judicial Service Commission(JSC) appointed 40 judges in June this year to be approved by the President but instead he rejected six of them until now.
The six judges – George Odunga, Aggry Muchelule, Joel Ngugi, Weldon Korir, Evans Makori and Judith Omange who were recommended by the JSC were faulted by the President and their appointment kept pending almost close to five months now.
The high court issued an order for the President to approve pending judges or else they be sworn in by the judiciary in avoidance of his approval .
Further, President Uhuru Kenyatta is set to front an appeal in defence to the High Court’s order on the pending judicial matter.
The former Chief Justice Dr. Willy Mutunga through his new political outfit the United Political Front believes the only way the executive will obey the court order is that if the 20 judges at the court of appeal down their tools and paralyse operations of the court.
“We will petition that the judges of the court of appeal to down their tools in solidarity with their six colleagues that the President has refused to appoint on flimsy grounds until such a time he will appoint the 6 judges,” said Willy Mutunga.
Katiba Intitute, which filed an application contesting the omission of the 6 judges by the President warns the Court of Appeal President to list this matter on the refusal of the President to appoint the judges before an extraordinary bench of 5 and in open court beacause the issues mentioned in the application and their impact on the public interest.
The same court of Appeal is expected to hear an application by President Kenyatta, where he is seeking to hold the lower court order on the appointment of judges until the matter is heard and determined.
However, Chief Justice Martha Koome has advied judges not to heed Mutunga’s push for them to down their tools.
