Activist Okiya Omtatah yesterday  moved to court to challenge last week’s appointment of seven Court of Appeal judges. In an application under a certificate of urgency, he is asking the High Court to bar the seven from assuming office, saying there is no vacancy for them at the appellate court. 

President Uhuru Kenyatta appointed the seven on July 19, 2022, after receiving their names from Chief Justice Martha Koome. 

Omtatah (below) says just six slots were advertised, only for the JSC to appoint seven judges. “The Judicial Service Commission (JSC) has no capacity in law to advertise for six vacancies and appoint seven people,” he says.

He argues that for the recruitment process to be lawful, all vacancies must be advertised. He adds that in order not to discriminate against the seven, all of them should be barred from assuming office as the process of recruitment and appointment is questionable and unconstitutional.

“Consequentially, it goes without saying that one of the seven new judges is a product of corruption and his/her appointment invalidated the entire recruitment process, “ he argues.

The seven judges are: Luka Kimaru, Lydia Achode, Fredrick Ochieng, John Mativo, Grace Ngenye, Aroni Abida Ali and Paul Mwaniki.

The case has been filed a day after three judges of the High Court — George Dulu, James Wakiaga and William Musyoka — declined to compel the CJ to swear in six judges whom the President rejected in 2019.

President Kenyatta declined to appoint the six and appointed 34 judges who had been recommended by JSC.