In a landmark ruling, six judges previously overlooked by former President Uhuru Kenyatta have been awarded sh.126 million in damages for what the court deemed an infringement of their rights.
The judges Joel Ngugi, George Odunga, Aggrey Muchelule, Weldon Korir, Judith Omange, and Magistrate Evans Makori filed a legal case against the former president’s refusal to formally appoint them in 2021, despite recommendations by the Judicial Service Commission (JSC).
The High Court, in its judgment, awarded each judge sh.15 million as compensation, recognizing the emotional distress and career impact caused by the delay.
In addition, they were granted sh.5 million each in exemplary damages, bringing the total to sh.126 million.
The court underscored that the lack of prompt appointment following the JSC’s recommendations breached the judges’ constitutional rights.
The ruling emphasized that the former president had a legal obligation to finalize the appointments within a reasonable period and that his failure to do so deprived the judges of professional advancement and financial benefits.
In its statement, the court also pointed out that the judges were entitled to a written explanation for the delayed appointments.
This, the ruling noted, would have been in line with principles of transparency and accountability, ensuring that those affected could fully understand the reasons for such a significant career delay.
The case dates back to June 2021 when former President Kenyatta declined to appoint six out of 41 judges nominated by the JSC, citing concerns about their integrity.
This decision triggered a debate over executive overreach and judicial independence, with critics arguing that it set a troubling precedent.
After Kenyatta’s tenure ended, President William Ruto acted swiftly to swear in the six judges, fulfilling a campaign promise to uphold judicial independence.
This move was seen as a symbolic gesture underscoring his administration’s commitment to respecting judicial recommendations and addressing grievances within the judiciary.
The ruling now serves as a reminder of the importance of respecting constitutional processes in upholding the rule of law in Kenya.
