Judges Rejected Under Uhuru Era to Receive Ksh124 Million Compensation

The government will pay Sh124 million to six judges after the High Court ruled that their exclusion from appointment during former President Uhuru Kenyatta’s administration was unconstitutional.

The judges: Joel Ngugi, George Odunga, Aggrey Muchelule, Weldon Korir, Judith Omange and Evans Makori had successfully undergone vetting and received recommendation for appointment to the High Court by the Judicial Service Commission (JSC) in 2019.

However, despite the recommendation, the President at the time declined to appoint them, citing unspecified integrity concerns linked to intelligence reports.

Consequently, the decision triggered a prolonged legal dispute over the legality of the move.

In response, the judges moved to court, arguing that their exclusion violated constitutional provisions governing judicial appointments and undermined the independence of the Judiciary.

In addition, they maintained that the State had no lawful basis to ignore the JSC’s recommendations.

Also Read: Court Rejects SRC Bid to Cut Judges’ Car Allowance

Court Finds Violation of Constitutional Appointment Process

After hearing the case, the High Court found that the Constitution requires the President to appoint judges recommended by the JSC within a reasonable time.

Therefore, the court held that the failure and delay in appointing the six judges was unlawful and unconstitutional.

Furthermore, the court observed that the affected judges suffered significant professional and personal harm.

Specifically, they lost earnings, experienced delayed career progression, and endured reputational damage while waiting for appointment.

As a result, the court awarded Sh124 million in compensation to cater for lost income and damages arising from the unconstitutional delay.

The amount will be shared among the six judges who were later appointed after the dispute was resolved.

Also Read: High Court Nullifies Warrants Against Senior Prosecutor Over Charging Decision

Ruling Brings Closure to Long-Running Legal Battle

Ultimately, the ruling brings closure to a long-running legal battle that exposed tensions between the Executive and Judiciary over judicial appointments.

Consequently, the decision is expected to serve as an important precedent in future disputes involving separation of powers and judicial independence in Kenya.

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Milimani Law Courts. PHOTO/ FILE