The six judges whose nomination by the Judicial Service Commission (JSC) was rejected by President Uhuru Kenyatta will have to wait for three more months to know their fate.
This is after the Judiciary announced on Monday that a three-judge bench will on October 21, 2021 deliver a judgement on whether they will compel the President to swear in the six judges or not.
The ruling will be delivered in a case filed by the Katiba Institute.
The petition by Katiba Institute was filed last year in June when the president had refused to appoint the 41 judges but last month the institute filed a new application when the Head of State left out six judges from the list.
The President declined to appoint High Court judges Prof. Joel Ngugi, George Odunga, Aggrey Muchelule and Weldon Korir to the Court of Appeal, as well as High Court registrar Judith Omange and Chief Magistrate Evans Makori as High Court judges in the Lands and Environment division.
In documents filed in court, the Chief Justice and the JSC Commission argue that the petition filed by Katiba Institute challenging the President’s decision has been overtaken by events and orders being sought against the chief justice cannot obtain.
“The petition is in bad law, fatally defective and an abuse of the process,” reads the documents.
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