KDRTV NEWS: President Uhuru Kenyatta has been taken to court over the disputed appointment of judges.
In the case application, the Katiba Institute accused Uhuru of appointing 34 judges and vomiting the other six.
The Katiba Institute referred to the move by President as cherry-picking.
Katiba institute challenged that the swearing of 34 judges breaches the constitution as well as the rights of the other omitted judges.
Katiba Institution filed their case through lawyer Dudley Ochiel on Friday.
The institution argued that the President violated Article 166 (1).
The article directs the President to appoint judges of superiors courts as per the recommendations of the Judicial Service Commission (JSC).
They blamed the President for not giving any reason for leaving out the other six judges.
“Cherry-picking also illegally serves as a constructive removal of the nominees already as sitting judges. A fact which is both unconstitutional and highly stigmatizing,” read the application.
“The cherry-picking and selective appointment or swearing in of judges undermines the functions and powers of the Judicial Service Commission and the functioning of the Judiciary. It also is an improper extension of the role of the Executive and has created a constitutional crisis.”
KDRTV has established that the Katiba Institution now wants the court to stop Chief Justice and President Uhuru from swearing in the 34 judges without the other six colleagues.
At the same time, the Katiba Institute has asked the court to bar the president and the chief justice from assigning duties to the said 34 judges.
KDRTV has established that the President declined to okay the appointment of judges Aggrey Muchelule, Weldon Korir, Goerge Odunga, and Joel Ngugi.
The President also rejected the nomination of Makori Evans Kiago and Judith Omange Cheruiyot.
KDRTV also determined that the names of repudiated judges had been given back to the commission.