By CAROLYNE TANUI
NAIROBI, Kenya, Feb 7 – Attorney General, Paul Kihara has filed a notice of appeal against the High Court judgment that declared President Uhuru Kenyatta’s decision not to appoint 41 Appeal Court judges as ‘unreasonable and unconstitutional’.
The AG said the reasoning adopted by the High Court serves to limit the president’s ‘ability to discharge his sworn duty of protecting the values and principles enshrined in the constitution’.
He was responding to a High Court ruling that declared that the Head of State is bound by the recommendation made by the Judicial Service Commission (JSC) and that the list of names is not subject to any kind of review.
“The Attorney General respectfully disagrees with this view of the law, as it disregards the public interest and instead focuses on an overly legalistic interpretation of the Constitution,” the AG Kihara states in a letter confirming receipt of the High Court judgment.
“The Attorney General on 6th February 2020, upon receipt of the Judgment, immediately commenced the process filing the requisite Notice of Appeal and formally requesting the High Court to provide typed and certified copies of proceedings before it,” he added.
He explained that actions of any arm of government, particularly those that require his hand and seal in order to be brought into effect should be compliant with the Constitution.
The ruling delivered by Justices Lydia Achode, James Makau and Chacha Mwita declared that the President has no authority to reject the list of names prepared by the JSC.
The JSC last year forwarded the names of the 41 nominees to the President for appointment as judges of Appeal, Lands and Employment courts for appointment. But the president has declined to appoint them, citing a National Intelligence Service (NIS) advise that indicts some of them.
Head of Public Service Commission previously weighed in on the matter saying that the President did not appoint the nominees since JSC failed to consult other institutions including Parliament, National Treasury and the Salaries and Remuneration Commission (SRC).
