Six judges rejected by Uhuru Kenyatta awarded Sh126m compensation
Six judges rejected by former President Uhuru Kenyatta over alleged integrity concerns have been awarded Sh126 million as compensation for violation of their rights
Six judges rejected by former President Uhuru Kenyatta over alleged integrity concerns have been awarded Sh126 million as compensation for violation of their rights.
Justice Chacha Mwita took into consideration the humiliation they endured and the mental anguish they suffered when the President denied them the jobs even after the Judicial Service Commission (JSC) recommended their appointment.
On July 22 and 13 August 2019, the Judicial Service Commission recommended the appointment of Aggrey Muchelule, Weldon korir, Joel Ngugi, and George Odunga as Judges of the Court of Appeal and Evans makori together with Judy Omange as Judges of the Environment and Lands Court.
But the then President Uhuru Kenyatta declined to appoint them saying he had intelligence reports that the six were not fit to hold office of a judge.
He never revealed the details of these reports.
Mwita in finding their rights were violated said they had a right to be given written reasons as to why their appointments were rejected.
He also said the President was required to appoint them within a reasonable time but they didn’t.
“The constitution doesn’t give him discretion when it comes to appointing Judges. What he did left the six in an awkward position full of anxiety about what was happening and why they would be appointed,” said the Judge.
The Judge said the inactions by the President requested that the six suffer public humiliation, especially after issuing public statements insinuating they were collectively unfit to hold office even after going through rigorous interview processes.
“There can be no worse violation than when a president of a country makes public statements and innuendos casting aspersions of the suitability of state officers to serve in the position they had been recommended to,” he said.
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The judge faulted the president for failing to make the appointments saying his action was unlawful as he didn’t have th discretion to do so.
“The petitioners had to endure negative speculation on why they had not been appointed injuring their dignity,” said Mwita.
He explained that human rights and fundamental freedoms are not for curtailment.
Granting compensation, he said will act as a deterrence against similar violations in the future.
“It will send a clear message and remind stare that rights must be protected and respected as demanded by the constitution,” asserted the Judge.
In closing, the Judge said Uhurus’s move was intended to undermine the independence of judicial independence including the rule of law and human rights.
He issued a declaration that he he violated the constitution in failing to appoint the six even after they had been recommended for appointment.
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