High Court Justice Joel Ngugi whose elevation to the Court of Appeal was rejected by President Uhuru Kenyatta on June 3, 2021. PHOTO/COURTESY

By William Koome

The Court of Appeal has stopped implementation of an order by the High Court requiring President Uhuru Kenyatta to appoint six judges he earlier rejected over alleged integrity issues.

The court on October 21 gave Mr Kenyatta 14 days to appoint the six failure to which they would be deemed dully appointed to the respective offices.

The judges are George Odunga, Joel Ngugi, Aggrey Muchelule and Weldon Korir who were to be promoted to the Appellate court and High Court Registrar Judith Omange and Mombasa Chief Magistrate Evans Makori who were to serve in the High Court.

But the Appellate court said the lower court judgment will stay suspended pending filing, hearing and determination of two intended appeals by the Head of State and Attorney-General Paul Kihara Kariuki.

The President in June this year appointed 34 out of the 40 judges who were recommended by the Judicial Service Commission and they took oath of office prompting the Katiba Institute to file petition challenging rejection of the six.

The new development means the judges will wait longer to assume their new roles.

Immediately after the judgment, Mr Kenyatta and the Attorney General rushed to court to stop execution of the orders arguing that its execution would put the Office of the President and that of Chief Justice in conflict.

During the ruling, Justices Wanjiru Karanja, Imaana Laibuta and Roselyn Nambuye agreed with the President and AG that the issues raised on appeal warranted the court’s interrogation and that if the orders were executed, the appeals would be rendered nugatory.