Chief Justice David Maraga has called out President Uhuru Kenyatta for failing to appoint 41 judges who were recommended by the Judicial Service Commission last year. The 41 nominated by the JSC were set to be appointed as judges at the Court of Appeal -11, Employment and Labour Relations Court-10, Environment and Lands Court-20.
The CJ has urged the President to appoint the judges and said there is a back log of cases due to a shortage of judges, “If you file a land case in the Environment and Lands Court today the earliest your case will be heard will be in 2022,” he said, owing to the fact that the ELC has only 31 judges countrywide, with a case back log of 16,407 by 31st March. The Appellate Court has only 15 judges with 7,315 cases by 31st March and the Employment and Labour Relations Court has only 12 judges, facing a backlog of 13,197 cases by 31st March.
Speaking to the press on Monday, Maraga faulted the President for disregarding Court orders and the Constitution in the process. The President had argued that some of the Judges have integrity issues, “He claimed he was consulting with relevant state agencies with a view of taking legal and administrative action including a review of the JSC recommendations,” said Maraga, but the Executive has so far failed to table evidence of the integrity issues, even after being challenged to do so. He said the President doesn’t have the power to review or change the JSC recommendations in accordance with the Constitution, “The President has no option but to formalize the appointments.”
He further noted that 2 Court orders were issued on the appointment, and the President was ordered to swear in the judges in 14 days, “The Courts held that the refusal of the President to appoint the 41 judges was a gross violation of the Constitution,” adding that the President’s disregard to the Constitution doesn’t bode well for the Constitution, “There is potentially a risk for anarchy.” Maraga said attempts to meet the President and discuss the appointments have been futile.