Six judges whom former President Uhuru Kenyatta failed to appoint are laughing all the way to the bank having received Ksh.126 million in damages.
Judges Joel Ngugi, George Odunga, Aggrey Muchelule, Weldon Korir, Judith Omange, and Magistrate Evans Makori filed a lawsuit seeking compensation after Uhuru declined to swear them into office in 2021.
Uhuru Kenyatta rejected the appointments of the Court of Appeal judges, citing intelligence reports suggesting that the six were unfit for judicial positions. However, he never disclosed the specifics of these alleged reports.
President William Ruto later swore in the six judges after he took office in 2022.
In his ruling, Judge Mwita found that the judges’ rights had indeed been violated. He stated that they were entitled to receive written explanations for their rejected appointments. Furthermore, he pointed out that the president had a legal obligation to appoint them within a reasonable timeframe, which he failed to fulfill.
“The constitution does not grant him discretion when it comes to appointing judges. His actions left the six judges in an awkward position, filled with anxiety about their appointments,” the judge remarked.
The judge highlighted that the president’s inaction subjected the six judges to public humiliation, particularly after he made statements insinuating that they were collectively unfit for office, despite having undergone rigorous interview processes.
“There can be no worse violation than when a president makes public statements and insinuations that cast aspersions on the suitability of state officers recommended for their positions,” he stated.
The judge criticized the president for his failure to make the appointments, declaring his actions unlawful since he lacked the discretion to do so. “The petitioners had to endure negative speculation regarding their lack of appointments, which injured their dignity,” Mwita explained. He stressed that human rights and fundamental freedoms should never be curtailed.
In his closing remarks, the judge asserted that granting compensation would act as a deterrent against similar violations in the future. “It will send a clear message and remind the state that rights must be protected and respected, as demanded by the constitution,” he emphasized.
The judge concluded by stating that Uhuru’s actions aimed to undermine judicial independence, the rule of law, and human rights. He declared that the former president violated the constitution by failing to appoint the six judges, even after the Judicial Service Commission had been recommended them for the positions.
In its ruling, the court awarded each judge Ksh.15 million in damages and Ksh.5 million in exemplary damages.
