LSK files petition seeking to compel President Uhuru Kenyatta to swear in new High Court judges

President Uhuru Kenyatta has already approved the appointment of 11 High Court judges.(Photo:File/Standard)

Nairobi, Kenya: The Law Society of Kenya (LSK) has now moved to the High Court seeking orders to compel President Uhuru Kenyatta to swear in 14 new judges.

LSK, through Senior Counsel Nzamba Kitonga wants Uhuru to swear in the fourteen whose appointment has been pending for the last seven months.

The lawyers’ body is seeking a declaration that upon the submission of names of persons to be appointed as Judges by the JSC to the President of the Republic of Kenya, the President is under a mandatory Constitutional duty to appoint, swear-in and gazette the said persons as Judges forthwith and that the refusal to do so in respect of the 14 under mentioned persons is unconstitutional.

The 14 were among the list of 25 judges nominated by the JSC in January, with the President formally appointing 11 last week.

President Uhuru while presiding over the swearing in ceremony of the eleven asked Kenyans to be patient saying eventually the process will be completed after background check of the individuals.

"While it may seem that the appointments are slow in taking place, I want to assure Kenyans that we want to make sure that we get this right at the first instance," said the President.

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However, LSK has sharply differed with the head of state and now wants a declaration that upon the submission of names of the said persons to be appointed as Judges to the President by JSC, the President is not mandated and/or required to conduct any process of approval or disapproval and any such purported process of approval or disapproval is unconstitutional and is therefore null and void.

LSK also wants the High Court to declare that the delay by the President to appoint, swear-in and gazette as Judges the persons whose names were submitted to him by JSC on 11/1/2014 is unreasonable and is therefore unconstitutional.

The nominees in the pending list are Riechi Stephen Nyang’au, Sewe Olga Aluoch, Winfrida Adhiambo Okwany, Otieno Patrick Okwaro, Robert Kipkoech Limo, Anthony Kimani Ndung’u and Mugure Thande.

Others are Margaret Njoki Mwangi, Githinji Stephen Murugu, Dorah O. Chepkwony, Ongeri Asaneth Nyaboke,   Kiarie Waweru Kiarie, Njuguna Lucy Mwihaki and Mativo Muting’a John.