Court dismisses petition on alleged discrimination in appellate appointments

The High Court has dismissed a petition challenging the recent appointments of judges to the Court of Appeal, ruling that the process was conducted fairly and in accordance with the law.

Justice Mugambi found no evidence to show that the Judicial Service Commission (JSC) had flouted constitutional or statutory provisions in favouring certain candidates.

He stressed that all judges seeking elevation to the Court of Appeal are subjected to the same criteria of integrity, competence, and suitability.

"The recruitment was not designed as a competition between judges from various courts", the judge said.

He described the petition as speculative and without merit, warning that attempts to introduce quotas for judges from particular courts would amount to an unconstitutional amendment of the Constitution "through the back door".

The case had been filed by Busia Senator Okiya Omtatah, who argued that the JSC acted illegally by creating an additional position without issuing a fresh advertisement.

He told the court that while six vacancies had been advertised, seven candidates were eventually appointed.

Omtatah further claimed that the appointments were discriminatory, excluding judges from the Employment and Labour Relations Court (ELRC) and the Environment and Land Court (ELC), while elevating only High Court judges alongside one advocate from private practice.

In dismissing the petition, Justice Mugambi upheld the JSC's decision, saying the process complied with constitutional principles.

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