Six judges awarded Sh126 million for rights violations following Uhuru refusal to appoint them

The High Court has granted Sh126 million to six judges who were denied appointments by former President Uhuru Kenyatta, ruling that their rights had been violated.

Justice Chacha Mwita, who presided over the case on Tuesday, acknowledged the humiliation and mental anguish endured by the judges after Uhuru declined to appoint them, despite the Judicial Service Commission (JSC) recommending their names for promotion.

The judges were rejected based on alleged integrity concerns.

In his judgment, Justice Mwita ruled that the six judges had a right to receive written explanations for their rejection, which Uhuru failed to provide.

“The constitution does not give him [the president] discretion when it comes to appointing judges. What he did, left the six in an awkward position, full of anxiety about what was happening and why they were not appointed,” Justice Mwita said.

He added that the president's failure to act within a reasonable time humiliated the judges, especially given Uhuru's insinuations regarding their fitness to serve.

“There can be no worse violation than when a president of a country makes public statements and innuendos casting aspersions on the suitability of state officers to serve in positions they had been recommended for,” he said.

On July 22 and August 13, 2019, the JSC recommended Aggrey Muchelule, Weldon Korir, Joel Ngugi and George Odunga for appointment as Court of Appeal judges, while Evans Makori and Judy Omange were proposed as judges of the Environment and Land Court.

However, Uhuru declined to approve the appointments, citing intelligence reports that allegedly questioned the integrity of the six nominees. Despite this, the former president never disclosed the contents of the reports.

Justice Mwita further criticised the president's refusal to appoint the judges, terming it unlawful and beyond his discretionary powers.

“The petitioners had to endure negative speculation on why they had not been appointed, injuring their dignity,” Mwita said, adding that human rights and fundamental freedoms are not subject to arbitrary curtailment.

Justice Mwita awarded Sh126 million in compensation, saying the payment would serve as a deterrent to prevent similar violations in the future.

“It will send a clear message and remind the state that rights must be protected and respected, as demanded by the constitution,” the judge said.

He noted that Uhuru's refusal to appoint the judges was a violation of the constitution and aimed at undermining the independence of the judiciary and the rule of law.

Justice Mwita issued a formal declaration that the former president's actions of failing to appoint the judges after JSC recommended had breached the constitution.