Zablon Mokua’s Nomination to East African Court of Justice Blocked

The High Court in Kenya on June 5 blocked the nomination of Zablon Muruka Mokua as a judge at the East African Court of Justice.

This is after the Law Society of Kenya (LSK), under a certificate of urgency, moved to court to challenge Mokua’s nomination, saying that he does not qualify for the post.

Justice Lawrence Mugambi said the LSK had demonstrated that the petition was likely to be rendered useless, as Dr Mokua was likely to be endorsed by the Summit of the Heads of State of the East African Community (EAC).

“Further, a conservatory order is hereby issued suspending any further

consideration, deliberation, processing, approval, or appointment of the 3rd Respondent (Dr Mokua) as a Judge of the East African Court of Justice First Instance Division, pending the hearing and determination of this Application,” Justice Mugambi ruled.

Mokua earlier served as an MCA and was nominated in April by CS Peninah Malonza to replace Justice Charles Nyachae who resigned early 2024.

According to LSK, the CS has no powers to nominate a judge for appointment as it is only Judicial Service Commission that is mandated to nominate one as a Judge.

This came two days before the EAC called an extraordinary meeting to among others consider the matter.

The 23rd Extra-Ordinary Summit of EAC Heads of State was to convene virtually on Friday, June 7, 2024.

The meeting was to also consider appointment of a new Secretary General, appointment of a Judge to the EACJ from Kenya and review of report on partner States’ relations.