Chief Justice David Maraga has picked three judges who will hear and determine a case challenging President Uhuru Kenyatta to appoint 41 Judges.
President Kenyatta had in October declined to appoint the 41 Judges, despite the fact that they were cleared by their employer; the Judicial Service Commission.
High Court Judges; Lydiah Achode, James Makau and Chacha Mwita will seat on the bench. The case was filed by lawyer Adrian Kamotho.
Attorney General Kihara Kariuki has objected inclusion of Law Society of Kenya in the case which has seen Judiciary accuse Executive of ill motive.
AG’s lawyer Morris Ongoso argued that LSK was not adding any information to the case.
“The applicant has taken the exact same perspective of matters as the petitioner herein, hence it does not need to be enjoined in the proceedings as an interested party. The applicant has not demonstrated how its interests will not be articulated unless it appears in the proceedings...,” argued Ongoso.
President Kenyatta had claimed that a number of appointees were named in serious corruption cases, arguing that JSC should have acted on the information.
“The president received adverse reports in respect to some of the persons recommended for appointments as judges after the names of the said judges were published in the media.
"The president believes that the Judicial Service Commission ought to have considered the information while arriving its recommendation,” State House said.