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.
In a judgment delivered by Justice Lawrence Mugambi, the court held that there was no evidence to suggest that the Judicial Service Commission (JSC) ignored constitutional or statutory criteria in order to favour particular candidates. He emphasized that judges seeking elevation to the Court of Appeal are assessed under the same standards of integrity, competence, and suitability.
Justice Mugambi further noted that the recruitment exercise was not a contest between judges drawn from different courts, describing the petition as speculative and lacking merit. He cautioned that imposing quotas for judges from specific courts would be unconstitutional and would amount to amending the Constitution through the back door.
The petition had been filed by activist Okiya Omtatah, who argued that the JSC acted illegally by creating an additional position without issuing a fresh advertisement. According to him, the Commission initially declared six vacancies but eventually appointed seven candidates. He further claimed that the appointments were discriminatory, as they excluded judges from the Employment and Labour Relations Court and the Environment and Land Court, while elevating judges solely from the High Court and including one advocate from private practice.
The High Court’s decision effectively upholds the JSC’s appointments, reaffirming the Commission’s discretion in determining the most qualified candidates for the appellate bench.
