Chief Justice Martha Koome wants the Appeal Court to declare that President Uhuru Kenyatta has violated the Constitution by failing to appoint six of the 40 judges nominated by the Judicial Service Commission (JSC) three years ago. (Read More Here).
The CJ also wants the court to declare that the solution for the alleged violation is an impeachment of the President from office. In an appeal against a High Court judgment that directed the Mr Kenyatta to appoint the six judges and if he fails the CJ takes over the function, Ms Koome has additionally declined to side-step the President by playing his role.
Instead, she has proposed for a declaration that the President has violated Articles 3(1) and 166(1)(b) of the Constitution or any other order that secures direct accountability of the President.
“It is proposed that the court makes a declaration that the President… is in violation of Articles 3(1) and 166(1)(b) of the Constitution. A declaration that the appropriate remedy for the violation of Articles 3(1) and 166(1)(b) of the Constitution is impeachment of the President or any other order that secures direct accountability of the President,” she says in the court papers.
“The judges failed to consider that the CJ as the chairperson of JSC became ‘functus officio’ after having recommended to the President persons for appointment as judges as per article 172(1)(a) of the Constitution,” argues CJ Koome.
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