A just award to judges

A hefty compensation for the violation of the rights of some six judges is a costly award the taxpayers are going to shoulder. This is an indictment of decision-making at the highest level in the government and a huge price to pay for impunity.

As the government, which is struggling to meet its financial obligations, seeks Sh126 million to pay the judges, the judgement should help to redress the indignity they suffered as aspersions were cast on their professional conduct.

Former President Uhuru Kenyatta is squarely to blame for his refusal to appoint the six judges in 2019 following a recommendation by the Judicial Service Commission (JSC). He cited integrity concerns, but did not divulge details, sparking speculation about possible impropriety.

But now having the last laugh are Court of Appeal Judges Aggrey Muchelule, Weldon Korir, Prof Joel Ngugi and George Odunga as well Justices Judy Omange, and Evans Makori of the Environment and Land Court. They were left out of the list of 40 judges appointed in June 2021.

The first three were then High Court judges while Ms Omange and Mr Makori were magistrates. High Court Judge Chacha Mwita ruled that by refusing to appoint them as recommended by the JSC, Mr Kenyatta discriminated against them, causing them anxiety and injuring their reputations. President William Ruto eventually appointed them in 2022.

The judges had argued that being high-ranking judicial officers they suffered public humiliation as they were portrayed as persons of questionable character and unfit to hold public office when their appointments were declined. Judge Mwita awarded each Sh16 million as general damages and Sh5 million for abuse of State power. He also found that the former President exceeded his ceremonial mandate to only appoint, swear in the judges, and gazette them. This ruling should send a clear message that the rights of public officials must be respected and protected to prevent similar breaches in future.