President has moved to the Court of Appeal to appeal the High Court decision that urged him to appoint the six judges he left out of 41 judges that were recommended by the Judicial Service Commission (JSC) for an appointment.
Through Advocate Charles Waweru Gatonye’s application, the Head of State says 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.”
“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 is 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 petition.
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 high 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.
“is clearly an attempt to rewrite or otherwise amend the Constitution in a manner not contemplated under Chapter 16 of the Constitution.” According to President Kenyatta on a high court judgment.