Chief Justice Martha Koome nominates seven to appellate court
Chief Justice Martha Koome. The CJ and JSC have received a big relief after the Court of Appeal lifted a High Court order that had halted hiring of 26 new judges.
The Judicial Service Commission has nominated seven judges to the Court of Appeal after interviewing 68 applicants to fill the positions.
Chief Justice Martha Koome, who is also the chairperson of the JSC, said the names of the seven nominees have been forwarded to President Uhuru Kenyatta for appointment and the taking of the oath of office.
Should the President appoint them, the JSC will have fulfilled the statutory establishment of the 30 judges of the Court of Appeal.
Currently, the Court of Appeal has 20 judges against a statutory establishment of a maximum of 30 judges. The nomination of the seven judges plus imminent retirement of Justice Roselyne Nambuye and the four other nominees whose appointment was frozen by President Kenyatta brings the total number of Appellate judges to 30.
The seven new nominees include one private lawyer, Paul Mwaniki Gachoka, and six High Court judges. Mr Mwaniki is a former member of the Ethics and Anti-corruption Commission (EACC).
The elevated judges are Luka Kimaru, Lydia Achode, Fredrick Ochieng, John Mativo, Grace Ngenye and Aroni Abida Ali.
"After lengthy deliberations and careful consideration of the performance of the various candidates and based on Constitutional imperative of merit, gender, regional balance, affirmative action and public interest the JSC has recommended the appointment of the under listed to the Office of Judge of the Court of Appeal and has submitted their names to the President for appointment," said the CJ in a statement.
A judge of the Court of Appeal earns a maximum monthly salary of Sh1.1 million.
The new recruitment happened after the after the Court of Appeal lifted a High Court order that had halted hiring exercise.
The Court of Appeal found that it was in the public interest that the recruitment process proceeds uninterrupted pending determination of an appeal filed by the JSC.
In a ruling rendered on June 16, 2022 by Justices Wanjiru Karanja, Agnes Murgor and Dr Imaana Laibuta, the appellate court also said the Commission has a strong and arguable appeal against the High Court’s decision to suspend the recruitment exercise.
The suspension order dated June 3, 2022 stemmed from a petition filed by lobby group Katiba Institute raising issues of independence of the Chief Justice and the JSC in the recruitment of judges.
In the case, the civil society group is also challenging constitutionality of the decision of the JSC to commence fresh recruitment of judges when a similar process begun by Chief Justice David Maraga (retired) was not concluded by President Uhuru Kenyatta.
High Court Judge Anthony Mrima had issued an interim order suspending any further action by the JSC including invitation, consideration, evaluation, deliberation, processing, review and interview of the applicants and the applications.
He had found that the civil society group has a strong case which raises cardinal constitutional issues worth consideration against decision of the JSC and Chief Justice Koome to recruit more judges at a time there is uncertainty in law.
“The effect of the conservatory orders sought is to forestall a scenario where a recruitment exercise of judges is undertaken by the JSC in the midst of uncertainty of not only the constitutional procedure, but also whether the values and principles of the Constitution are contravened,” said the judge.
