The High Court on Monday ruled against the constitutional amendment that sought to give the president more powers in the appointment of the Chief Justice and Deputy Chief Justice.
The five-judge bench led by Justice Richard Mwongo rendered null and void the amendment that had sought that three names be forwarded to the president for consideration for appointment to the position of the Chief Justice and Deputy Chief Justice.
This is contrary to what is contained in the Constitution that only requires one name to be forwarded.
This comes after lawyers through the Law Society of Kenya (LSK) had sought to challenge the amendment to give President Uhuru Kenyatta more discretion to appoint the chief justice.
The lawyers had opposed the amendment saying the move is against the Constitution and amounts to interference with the independence of the Judiciary.
When making their ruling, the Judges noted that in passing the new law, Parliament contravened the Constitution and gave the president powers he did not have through the back door.
The ruling will now pave way for the recruitment of Dr Willy Mutunga's successor who is set to quit office in June.
Justice Isaac Lenaola had given a court order stopping the process of recruiting the new CJ pending court ruling.