The President’s refusal to appoint six judges out of 40 has elicited reaction after the appointment of the remaining 34 judges was finally gazetted by President Uhuru Kenyatta.
Prominent lawyer George Kithi said the Head of State lacks the jurisdiction to reject the names which were forwarded to him by the Judicial Service Commission (JSC).
He said the Head of State was to appoint the judges the same day their names were forwarded to him.
“It is wrong to allude that President Kenyatta has rejected the six out of the 40 names forwarded to him,” he pointed out.
Kithi said as the matter stands now in law, the Head of State has not rejected the six judges.
He spoke during a beach cleaning exercise marking World International Ocean Day pre-activities held at Copper Cabana in Kilifi south constituency, Kilifi county organized by Geekay beach and workout.
The counsel said the Head of State is at liberty and it is within his jurisdiction to appoint and gazette the appointment of each judge per day from the list recommended by JSC.
Kithi told journalists the Head of State can do nothing whatsoever to reject the names forwarded to him.
He said the President was supposed to return the names which were forwarded to him from the JSC with a memo with reasons of rejecting the names.
“The appointment of judges is to serve the people in the republic,” he pointed out.
The counsel said the Head of State has not violated the law arguing that he has not yet rejected the names of the six judges.