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Judiciary has recalled all the Court of Appeal judges in Mombasa and Kisumu due to lack of enough judges in Nairobi.

Court of Appeal president Justice William Ouko on Friday said the judges in Mombasa and Kisumu will relocate to Nairobi with effect from January 13, 2020.

The appellate court judge said it has been decided that, as long as the situation with regard to the number of judges in the Court  of Appeal remains, the sittings of the court outside Nairobi are suspended with effect from January 13, 2020, the date of commencement of the court’s new term.  

He added that the affected court stations, including Nyeri will be served from Nairobi through circuit sessions conducted once a month to each station.

“This decision is highly regrettable but beyond our control,” said Ouko.

The country has only 12 judges in the Court of Appeal who sit full-time and out of the 12 three are serving in Mombasa and three, until the passing on of Justice Odek, were serving in Kisumu. 

“With this distribution, the court in Nairobi with nearly 3,000 appeals and applications can only mount two benches, a far cry from internationally accepted ratio,” added the judge.

It will be recalled that in the month of April, 2019, the sittings at the Nyeri Court of Appeal were suspended indefinitely, again as a result of shortage of Judges.

A city city lawyer filed a case in seeking to have President Uhuru Kenyatta compelled to appoint judges recommended for various posts in the recent recruitment.

Lawyer Adrian Kamotho Njenga, who is challenging delays in the appointment of judges who qualified for promotion, has also sued the Attorney General.

The Judicial Service Commission and Chief Justice David Maraga are listed as interested parties in the case.