President Uhuru Kenyatta has moved to the Appellate court over the appointment of six judges.
The six were among 41 judges recommended by the Judicial Service Commission (JSC) for appointment by the head of state.
They are; Aggrey Muchelule, Weldon Korir, Joel Ngugi, George Odunga, and Judith Omange.
Read: Havi Wants CJ Martha Koome to Swear in Remaining Six Judges, Says She Will Lose Nothing
In a petition filed through lawyer Charles Waweru Gatonye, President Uhuru argues that the High Court ruling ordering him to appoint the six within 14 days is likely to create conflict between his office and that of the Chief Justice.
The president wants the appellate court to stay the High Court order until his petition 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 petition which has been certified as urgent.
Read Also: Court Orders President Uhuru to Appoint Rejected Six Judges in 14 Days
The president further argues that the High Court ruling “is clearly an attempt to rewrite or otherwise amend the Constitution in a manner not contemplated under Chapter 16 of the Constitution”.
On Thursday, a three judge-bench ordered the Head of State to appoint the six judges in 14 days failure to which they will be deemed appointed as it will be presumed his power/authority on the issue is expired.
The trio — Justice James Wakiaga, George Nduru, and William Musyoka — noted that the President violated the constitution in his decision to fail to appoint the six.
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