A Nakuru doctor has sued to push for the appointment of six judges left out of a list of jurists recommended by the Judicial Service Commission to President Uhuru Kenyatta.
Dr Benjamin Magare Gikenyi, a consultant surgeon at Nakuru Level Five Hospital, filed his petition at the High Court in Nakuru challenging the decision by the President to appoint only 34 judges of the 40 judges.
Dr Magare, who describes himself as a patriot interested in a better Kenya, a human rights defender and promoter of constitutionalism and the rule of law, accused President Kenyatta of interfering with judicial independence.
He argued that the action of cherry-picking judges is unconstitutional.
He argues that the President has violated the rights of the six judges by discriminating against them and subjecting them to post-traumatic stress disorder.
‘’The action of the president and the respondents are illegal, irregular and irrational, to say the least, and are discriminatory and smirk of the use of public office to ‘teach perceived enemies a lesson’ as opposed to service to the people,” he states.
In his lawsuit filed under a certificate of urgency, Dr Magare seeks conservatory orders prohibiting the JSC from assigning duties to the 34 judges pending the hearing and determination of the matter.
The 34 judges appointed by President Kenyatta were sworn in on Friday.
The six left out are Joel Ngugi, Gerge Odunga, Aggrey Muchelule, Weldon Korir, Evans Makori and Elizabeth Omange.
Dr Magare is seeking orders from the court declaring illegal, null and void the President’s action of appointing only selected judges.
He also wants the President compelled to appoint and swear in the six judges.
In the case, Dr Magare has also sued Chief Justice Martha Koome and Attorney-General Paul Kihara.
The JSC, Law Society of Kenya, Judiciary chief registrar, and 41 judges are among those listed as interested parties.