The High Court has temporarily barred the Judicial Service Commission (JSC) from probing the six judges who were rejected by President Uhuru Kenyatta pending the hearing of a petition.
“I have considered the application and I’m satisfied that the petitioner has demonstrated a prima facie case,” Justice James Makau ruled.
The court also issued orders prohibiting the publication of President Kenyatta’s report on the refusal to appoint the six judges.
In his ruling, Justice Makau further barred the Judicial Service Commission from taking any action against the judicial officers mentioned in the report by the president.
The court orders comes after Bernard Odero Okello filed a petition alleging that the president had discriminated against the six judges.
In his argument, Odero stated that Article 166 (1) (b) of the Constitution provides that the President shall appoint all judges in accordance with the recommendation of the JSC.
In another petition filed by Dr. Magare Gikenyi Benjamin in Nakuru county, the names of Chief Justice Martha Koome, AG Paul Kihara Kariuki and the appointed 34 judges have been struck out from the case challenging the appointment of the 34 judges.
Justice James Makau directed that the file be forwarded to the Chief Justice for the judges to hear the case.
In his case, Dr. Magare Gikenyi Benjamin challenged the appointment of the 34 judges saying that it’s unconstitutional.
Dr. Gikenyi wants Justices George Odunga, Joel Ngugi, Weldon Korir, Aggrey Muchelule, and Magistrates Evans Makori and Judith Omange to be deemed to have been dully gazetted and appointed within the meaning of Article 166(1) of the Constitution.
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