The High Court has ordered President Uhuru Kenyatta to appoint the six judges he left out in June last year within 14 days.
According to Justices William Musyoka, James Wakiaga and George Dulu, the president does not have power to change the list of judges recommended by the Judicial Service Commission.
The judges also have ordered the president to pay the cost of the suit saying he went against the constitution and the Judicial Service Commission Act when he rejected the judges.
“The constitution commands the president t appoint the Judges upon receiving their name and has repeatedly said their is no discretion on his part to select a partial list of names,” ruled the judges.
The judges ruled that failure to appoint the six judges, they will be deemed to be duly appointed and the Chief Justice in conjunction with the Judicial Service Commission will be free to take all the necessary steps to swear them in
The three bench judges noted that there was a constitutional duty cast on the president to appoint the judges once their names are forwarded to him by JSC and that duty was owed to Kenyans in general as the appointments are meant to benefit all.
The petition had been filed by Katiba Institute challenging the partial appointment of the partial list of the 41 judges by the president.
The institute argued that the selective appointment by Uhuru would undermine the functions and powers of the Judicial Service Commission and the functioning of the judiciary.
The president had refused to gazette or appoint the recommended judges until June 3 when he appointed 34 judges out of the recommended 41 nominees.
Those that were left out were: Justices George Vincent Odunga, Joel Mwaura Ngugi, Weldon Kipyegon Korir, Aggrey Muchelule Otsyula, and Magistrates Evans Makori Kiago and Judith Elizabeth Omange Cheruiyot.