Through Lawyer Waweru Gatonye, Uhuru in an application to the appellate court says the decision and orders of the High court issued last week have the potential effect of creating a conflict between the office of the Chief Justice and the Office of the President of Kenya.
“I am aggrieved with the whole decision and have since filed and served a notice of appeal. Unless the decision and orders of the High court are suspended, the intended appeal will be rendered useless,” read the court documents.
Uhuru argues that the decision of the High Court bench is a recipe for creating a constitutional crisis in the country in so far as the appointment and swearing-in of judges is concerned.
“If the six nominees are sworn in and proceed to preside over legal proceedings during the pendency of the intended appeal, the same would occasion uncertainty over the legality of such proceedings and expose the consumers of justice to harm and anguish,” he said.
A week ago, High Court judges William Musyoka, James Wakiaga and George Dulu directed Uhuru to appoint the rejected six judges within 14 days.
Once the 14 days lapse without Uhuru having made the appointment, the bench said ‘it shall be presumed that his power to make them has expired and his office becomes powerless so far as the appointments are concerned’.
“Subsequent to their being deemed appointed, the Chief Justice in conjunction with the Judicial Service Commission shall be at liberty to take all necessary steps to swear in the six,” they said.
The 14 days were to expire on November 4. Edited by D Tarus, Susan Muhindi, The Star
