The Court of Appeal has suspended an order by the High Court requiring President Uhuru Kenyatta to appoint six judges within two weeks.
This was after a submission that was filed by Attorney General Paul Kariuki.
In their ruling, Justices Roselyn Nambuye, Imaana Laibuta and Wanjiru Karanja said the case will be determined on November 19, 2021 on whether the order given to President Kenyatta will be revoked.
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 left out in the appointments are Aggrey Muchelule, George Odunga, Weldon Korir and Joel Ngugi. Chief magistrate Evans Makori and High Court registrar Judith Omange were also left out.
The high court issued an order or the President to approve pending judges or else they be sworn in by the judiciary in avoidance of his approval.
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 six judges by the President warns the Court of Appeal President to list the matter on the refusal of the President Kenyatta to appoint the judges.