Three years ago, the president of Kenya -Uhuru Kenyatta- failed to appoint 6 judges of 40 who were nominated by the Judicial Service Commission. Now Chief Justice Martha Koome wants Uhuru Kenyatta impeached for violating the constitution by failing to appoint the six. Besides, the CJ wants the Appeal Court to declare that an impeachment of the president from the office is the ultimate solution for the alleged violation of law, that is, Articles 3(1) and 166(1)(b) of the Constitution or any other order that secures direct accountability of the President.
From the court papers, she says and I quote;
"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..."
The six judges that were to be promoted to be High Court judges are: Justices George Odunga, Aggrey Muchelule, Prof Joel Ngugi and Weldon Korir whom the JSC had elevated to the Court of Appeal. The others are chief magistrate Evans Makori and High Court deputy registrar Judith Omange.
President Kenyatta on his defence then highlighted that the six were rejected based on integrity issues. This later became a huge battle between legislature and executive arms of government.


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