The High Court has termed as unconstitutional the delay by President Uhuru Kenyatta to appoint 41 judges recommended by the Judicial Service Commission.
A three-judge bench ruled that the Head of State did not have the power to alter or decline to appoint the judges.
Justices James Makau, Lydia Achode, and Chacha Mwita ruled the executive had no authority to review, reconsider or refuse to appoint judges recommended by the Judicial Service Commission.
The three-Judge bench ruled that the failure to appoint the 41 judges violates both the constitution and the Judicial Service Commission Act.
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The court further faulted the National intelligence Service for failing to disclose the alleged adverse information on some of the judges during the interview process.
Lawyer Adrian Kamotho had petitioned the court over the matter.
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