Lawyer in court to demand action on appointed judges

A delay by the President to appoint 11 Court of Appeal judges has prompted a lawyer to go to court to pressure him.

The case filed by lawyer Adrian Kamotho lists the President's legal advisor Attorney General Kihara Kariuki, the Judicial Service Commission (JSC) and Chief Justice David Maraga as respondents.

The law is silent on how long the President can stay without acting on the list of appointees forwarded to him by the JSC.

But Mr Kamotho has asserted that the President should confirm the appointees as soon as possible. “The indefinite delay in appointment of superior court judges recommended by the first Interested Party (JSC) in the current instance amounts to unreasonable delay, and is offensive to the proper administration of justice,” said Kamotho.

The nominees are Justices Francis Tuiyot, Weldon Korir, Mbogholi Msagha, Aggrey Muchelule, George Odunga, Joel Ngugi, Hellen Omondi, Pauline Nyamweya, Jessie Lesiit, Mumbi Ngugi and Kibaya Laibuta.

The judges were appointed last year July. Kamotho said the delay made Kenyans suffer since their cases were piling in courts.

A letter dated last June 4 by the Court of Appeal President William Ouko gives credence to Kamotho's argument.

Justice Ouko informed Law Society of Kenya President Allen Gichuhi, in the letter, that of 19 judges in service, three were due for retirement and could not be allocated cases.

The three due for retirement are Justices Phillip Waki, Alnasir Visram and Erastus Githinji. In addition, Justice Kathurima M’inoti has been deployed to the Judicial Training Institute.