Deputy President William Ruto said he would have appointed the six judges left out of the list recommended by the Judicial Service Commission (JSC) had he been the President.
Ruto made the statement during a live TV interview on Thursday, June 24 where he said he shares the same opinion with former Chief Justices David Maraga and Willy Mutunga that President Uhuru Kenyatta is bound by law to appoint the judges fronted by JSC.
“I would have appointed all of them. I think the people who are better versed in matters law and constitution – the former Chief Justices Willy Mutunga and David Maraga – have said clearly that the right thing that should have happened was for all judges to be appointed,” Ruto said.
The DP also stated that due process should have been followed in case the integrity of the six was suspect.
“If there are integrity issues on any judge, then the normal process that involves a tribunal, and those judges being subjected to due process, should have been followed,” Ruto said.
In his statements, Ruto pointed out the importance of respecting court orders and observation of the law.
“If we are to remain a sane, democratic country, we cannot afford not to respect court orders and the Constitution,” the DP stated.
While overseeing the swearing in of the 34 judges, Uhuru said his decision to leave out the six was in the best interest of the country adding that he also took an oath to serve Kenyans.
“As long as I serve as President, I will choose right over the convenient, choose the hard over the easy,” Uhuru said.
High Court judges George Odunga, Weldon Korir, Aggrey Muchelule and Joel Ngugi were left out in the June 4 appointments.
The appointments sparked debate with lawyers and activists faulting the head of state for living out four judges in his appointments.
According to lawyer and Rarieda MP Otiende Amolo, Uhuru had no option but to appoint all the judges forwarded to him by the Judicial Service Commission.
“On this we must be plain, the President cannot select which judges to gazette for appointment after after Judicial Service Commission recommendation,” the MP said in a tweet that attracted public discourse.
Weighing in on the debate, lawyer Ahmed Nassir Abdullahi tweeted, “I think Chief Justice Martha Koome and the JSC must have an emergency meeting and resolve unanimously to engage H.E Uhuru with one agenda:”Appoint all 40 judges or none will come for answering in State House”.
In 2020, Uhuru failed to appoint the 41 judges fronted to him by JSC adding that he was not going to appoint judges with a questionable character.
In his response, former CJ David Maraga said the JSC will only accept the appointment of all judges or none at all.
