President Kenyatta appeals court ruling on appointment of the six judges

In an application through Adcocate Charles Waweru Gatonye, the Head of State argues that the High Court's order "is patently unconstitutional and likely to create a conflict between the Office of the Chief Justice and that of the President."

President Kenyatta wants the Appellate Court to stay the High Court verdict until his appeal is heard and determined.

"Unless this Honourable Court issues an order staying the execution of the judgment and orders of the superior court of 21st October 2021 pending the hearing and determination of the intended appeal, the appeal if successful, will be rendered nugatory as the six nominees would have been deemed to —have been appointed in breach of the express wording and spirit of the Constitution," reads the peition.

A three judge bench comprising justices James Wakiaga, George Dulu, and William Musyoka last week ruled that the president’s decision to leave out the six judges was unconstitutional.

The court said the six judges; Aggrey Muchelule, Weldon Korir, Joel Ngugi, George Odunga, and Judith Omange will assume office within 14 days if the Head of State does not officially appoint them.

According to President Kenyatta, however, the judgment of the High Court "is clearly an attempt to rewrite or otherwise amend the Constitution in a manner not contemplated under Chapter 16 of the Constitution."

The six judges were part of a cohort of 40 judicial officers who were eligible for promotion after being vetted and recommended by the Judicial Service Commision.

At the time, President Kenyatta promoted 34 court officials but left out High Court judges Aggrey Muchelule, Weldon Korir, Joel Ngugi and George Odunga who were all recommended for appointment at the Court of Appeal.

He similarly omitted Chief Magistrate Evans Kiago and registrar of the High Court Judith Omange who were commended to take up positions at the Environment and Lands Court.

When making the appointments in June, President Kenyatta initially argued that the six individuals were under qualified for the role before he returned their nominations back to the JSC.

The Head of State would later cite integrity as another reason he didn’t make the appointments, vowing to always put integrity and ethical values first before making any official appointments.