Judges rule out Presidents Power to appoint Chief Justice

Judges rule out Presidents Power to appoint Chief Justice

President Uhuru Kenyatta’s power in deciding the next Chief Justice was yesterday taken away before he could exercise the prerogative of picking Willy Mutunga’s successor.

A five-judge Bench comprising Richard Mwongo, Isaac Lenaola, George Odunga, Mumbi Ngugi, Weldon Korir and Joseph Onguto declared the new law unconstitutional. It had sought to compel the Judicial Service Commission to forward three names for the position of CJ and deputy to the President, from which he was at liberty to make his choice.

“To the extent that the amendment compelled the JSC to send three names the said amendment is null and void,” the court held. The effect of the court’s decision is that the JSC will now forward a single name each of candidates for the positions of the CJ and deputy CJ to the President for him to appoint.

Law Society of Kenya President Isaac Okero said the unanimous decision is an important affirmation of the supremacy of the constitution. The opposition has lately accused the President and Jubilee of being keen to control the Legislature and the Judiciary.

Image: CTV News

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Marvin Otieno

Marvin is a young talented kenyan who thinks of nothing else than art.During my free time i love acting,playing traditional drums and watching science-fiction movies to see what the future has in store for us.