In a Gazette notice on Thursday, President Kenyatta confirmed the appointment of 34 judges, leaving out six on the grounds that they have a questionable record.
And in an interesting twist, two of the six judges rejected by the President namely Justice George Vincent Odunga and Justice Joel Mwaura Ngugi, are among the five bench judges who recently termed the Constitutional Amendment Bill 2020 as unconstitutional.
After the President’s announcement, Kenyans flocked social media to urge the CJ to take decisive action against the Executive.
Lawyer Ahmednasir Abdulahi asked the CJ and JSC to unanimously agree that either all the judges are appointed or should not attend the swearing-in ceremony.
“I think CJ Koome and JSC must have an emergency meeting and resolve unanimously to engage H.E Uhuru with one agenda: “Appoint all 40 judges or none will come for swearing-in State House”,” he tweeted.
The Law Society of Kenya President Nelson Havi said, for Chief Justice David Maraga, it was all 40 Judges or none.
“For Chief Justice Emeritus David Maraga, it was all 40 Judges or none, a stand supported throughout by LSK. Chief Justice Martha Koome has weakened the Judiciary by conceding to the rejection by Uhuru Kenyatta of four Judges and two Magistrates. No congratulations from me,” he tweeted.
US-based Kenyan lawyer Makau Mutua says the President can not choose which provisions of the constitution to obey or disregard.
“BBI judges Joel Ngugi and George Odunga have been denied elevation to the Court of Appeal. Mr. Kenyatta can’t choose which provisions of the CONSTITUTION to OBEY or DISREGARD. Gazetted judges should DECLINE their appointment until ALL JSC-recommended judges are included,” he said.
On This We Must Be Plain, The President Cannot Select Which Judges To Gazette After JSC Recommendation.
— Otiende Amollo, SC,MP, EBS (@OAmollo) June 3, 2021
CJ Martha Koome MUST speak up — NOW! It’s now, or never. pic.twitter.com/dygdzjHAVC
— Prof Makau Mutua (@makaumutua) June 3, 2021
For @CJMarthaKoome & @jsckenya the rubber has met the road, all eyes on you! Will you enable impunity by allowing Uhuru who has no respect for the law to continue intimidating the judiciary and interfering with its independence or will you stand up to this bully? We are watching.
— Sen. Susan Kihika (@susankihika) June 4, 2021
Our eyes are fixed on the liberation warrior , the Prayer warrior, the Chief Justice and the President of the Supreme Court Justice MARTHA KOOME. This a watershed moment in the history of our Judiciary and will define the LEGACY of CJ Koome. Over to you madam CJ ! pic.twitter.com/C5iHeaKJ1v
— KIPCHUMBA MURKOMEN, E.G.H (@kipmurkomen) June 4, 2021
President Uhuru has PREDICTABLY trashed CoK.
CJ Martha Koome should protect CoK by refusing to swear any until ALL 40 are gazetted.
The 34 Judges should decline being sworn until all 40 are gazetted.
Real test on Chief Justice Martha Koome starts today. TRAILBLAZER or puppet?
— Kabando Wa Kabando (@Wakabando) June 3, 2021
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