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BY NAMULONGO PETER,NAIROBI,9TH JUNE,2020-Attorney General Kihara Kariuki maintains that President Uhuru Kenyatta will not appoint 41 judges nominated by Judicial Service Commission (JSC) for appointment to superior courts despite condemnation by Chief Justice David Maraga.
Maraga launched stinging criticism targeted at the Head of State during a press briefing on Monday accusing President Kenyatta of disobeying court orders instructing him to appoint the judges.
Addressing a press conference a day after Maraga decried the crisis caused by the inadequate judges in superior courts, the AG insisted the President will not appoint judges with questionable character adding that the refusal to appoint the JSC nominees was within the law.
“His Excellency the President will not abdicate his role as Head of State and Government to appoint persons with a questionable record to serve the nation in the solemn role of judge,” he said.
The AG accused the Chief Justice of commenting on a matter pending court terming the move as a ploy to influence the outcome of an appeal to be filed in the Supreme Court where Maraga where the he serves as one of the judges.
“The Chief Justice is openly commenting on merits and demerits of cases pending in courts, it not only creates a perception that he is seeking to influence the outcome, but raises questions on why he as a justice of supreme court is expressing extra judicial opinions on matters that may end up in Supreme Court for hearing and determination,” Kariuki claimed.
The Judges who were recommended by JSC in July 2019 for appointment to the Court of Appeal, the Environment and Land Court and the Employment and Labor Relations Court formed the basis of Maraga’s frustrations.
“The President has persisted in this refusal despite orders in two cases requiring him to swear in these judges within 14 days,” Maraga said on Monday.