Six judges were rejected by former President Uhuru Kenyatta due to alleged integrity concerns. They have been awarded Sh126 million in compensation for violations of their rights.
Justice Chacha Mwita considered the humiliation they experienced. They suffered mental anguish when the president denied them employment. This happened despite the Judicial Service Commission (JSC) recommending their appointments.
The JSC made recommendations for appointments on July 22 and August 13, 2019. Aggrey Muchelule, Weldon Korir, Joel Ngugi, and George Odunga were recommended as judges of the Court of Appeal. They also appointed Evans Makori and Judy Omange as judges of the Environment and Lands Court.
But, President Kenyatta declined to appoint them, citing intelligence reports suggesting that the six were unfit to serve as judges.
He did not reveal the specifics of these reports.
Mwita determined that their rights had been violated. He stated they had a right to get written reasons for the rejection of their appointments.
He also noted that the president was obligated to make appointments within a reasonable timeframe, which he didn’t do.
“The constitution does not grant him discretion about the appointment of judges. ” “What he did put the six in an uncomfortable situation. They felt anxiety about the circumstances. They were also concerned about the reasons for their non-appointment,” stated the judge.
The judge remarked that the president’s inactions compelled the six to endure public humiliation. This was particularly after making statements suggesting they were collectively unfit for office. They had undergone thorough interview processes.
“No greater violation exists than when a country’s president casts doubts. It happens when they publicly question the suitability of state officers for their recommended roles,” he stated.
The judge criticized the president for failing to make the appointments. He deemed the president’s actions unlawful. The president lacked the discretion to do so.
“The petitioners had to face negative speculation about their non-appointment, damaging their dignity,” Mwita added.
He emphasized that human rights and fundamental freedoms should not be curtailed.
Awarding compensation, he noted, would serve as a deterrent against similar violations in the future.
“It will convey a clear message,” asserted the judge. “It will remind the state that rights must be protected and respected. This is mandated by the constitution.”
In conclusion, the judge stated that Uhuru’s actions aimed to undermine judicial independence. These actions included threats to the rule of law and violations of human rights.
He issued a declaration that the constitution was violated by the failure to appoint the six, despite their recommended status.
