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Court of Appeal temporarily bars CJ Martha Koome from swearing six judges

By Paul Ogemba and Winfrey Owino | November 1st 2021

High Court had ordered CJ to swear in the six judges if the president failed to appoint them in two weeks. [File, Standard]

The Court of Appeal has temporarily barred Chief Justice Martha Koome from swearing-in six judges, who president Uhuru Kenyatta had failed to appoint, until November 19 when the full verdict will be issued.

This comes after Attorney General Kihara Kariuki moved to the court of Appeal to challenge a decision by the High Court. 

The Appellate Court says it will issue a detailed ruling on the matter in two weeks' time.

A three-judge bench at the High Court had ordered President Kenyatta to appoint the six judges within 14 days, failure to which they will be deemed to have been formally appointed and sworn in by the Chief Justice.

He filed his appeal through Solicitor General Kennedy Ogeto, raised 17 grounds of appeal.

“Allowing the High Court decision to stand will mean that the Judiciary has the power to amend the Constitution through the back door. Their judgment was illegality, with no perceptible origin in the words or design of the Constitution,” said Mr Ogeto.

The High Court had declared that President Uhuru was in violation of the Constitution by refusing to appoint the six judges.


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