Court says Kibaki nominees illegal

What you need to know:

  • Judge Kihara ruled that the petitioners have proved that the nominations were unconstitutional because they overlooked the Judicial Service Commission.
  • He ruled that the law does not require consensus whenever the President and the Prime Minister consult, but the spirit of the national accord ought to be borne in mind.
  • The nominations did not give the spirit of equality and freedom from discrimination due consideration.
  • It will be unconstitutional for any State officer or organ to carry on with the process of approval and eventual appointment to office.

President Kibaki’s nominations to key justice and budget office jobs are unconstitutional, the High Court declared on Thursday.


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