President Uhuru Kenyatta has moved to the court of appeal to file a notice of appeal against the High Court’s order that requires him to appoint six judges he had rejected over alleged integrity issues, within 14 days.
The President had refused to appoint the six judges citing intelligence briefs from the National Intelligence Service (NIS).
However, the Judicial Service Commission, which did the vetting of 41 judges to be appointed argued that the brief did not provide evidence.
The President has said he is not happy with the ruling rendered a week ago by Justices George Dulu, William Musyoka and James Wakiaga. Through lawyer Wawru Gatonye, he intends to appeal against the entire 69-page judgement.
The appeal comes two days after Attorney General Paul Kihara Kariuki also filed a similar notice, signaling that the impasse may continue.
The attorney general lodged his notice through deputy Chief State Counsel Emmanuel Bitta.
The President and the AG are aggrieved by the court’s ruling that the Head of State can be sidestepped in the appointment of judges.
Both want to challenge a finding by the court that should the President fail to make the appointments and facilitate an oath-taking ceremony within 14 days, he will lose control of the process and the judges will be deemed dully appointed.
The judges at the center of the legal dispute are George dunga, Aggrey Muchelule, Joel Ngugi and Weldon Korir, together with Mombasa Chief Magistrate Evans Makori and High Court Judith Omange.
When the 14 days given to the president lapse, it will be presumed his power or authority on the issue will be deemed duly appointed to their respective offices, said the High Court.
Subsequently, Chief Justice Martha Koome and JSC will be at liberty to take all necessary steps in having the nominees sworn in and assigned duties.