Six judges have sued the government over the failure to pay them Sh124 million as directed by the High Court in October 2024.
The four judges of the Court of Appeal and two judges of the Environment and Land Court (ELC) said the Attorney General, together with the Solicitor General and Treasury PS, have refused to comply with the court order issued on October 8, 2024, directing the government to compensate them.
The six sued the government after they were kept waiting for three years to be appointed as judges, as recommended by the Judicial Service Commission (JSC).
However, since the judgment was issued and the government was directed to pay them, they said there has been no compliance with the decision.
“The 1st Respondent (Attorney General) under Article 156, bears responsibility for ensuring compliance with court decrees against the Government,” the petition stated.
The six judges further said the Solicitor General Shadrack Mose and PS Treasury Chris Kiptoo, in accounting, bear statutory responsibility for the settlement of government liabilities.
It is their argument that the failure to satisfy a valid court decree constitutes unlawful and unreasonable administrative inaction.
“The judgment, decree, and ruling on costs have not been appealed against, stayed, reviewed, or set aside and remain wholly unsatisfied,” Justice Aggrey Muchelule said in an affidavit.
He said on December 15, 2025, they served a notice of intention to sue upon the government and the relevant accounting officers, formally demanding settlement of the compensation.
President William Ruto with the newly sworn-in Court of Appeal Judges from left Justices Joel Ngugi, Weldon Korir, Aggrey Muchelule and George Odunga at State House, Nairobi on September 14, 2022.
Photo credit: Dennis Onsongo | Nation Media Group
Justices Muchelule, Weldon Korir, Prof Joel Ngugi, and George Odunga of the appellate court, along with Evans Makori and Judy Omange of the ELC, had their appointments gazetted only on September 13, 2022, and were sworn in on August 14, 2022, after a three-year wait.
They were among 41 judges recommended for appointment by the JSC, but President Uhuru Kenyatta declined to formally appoint them over alleged integrity issues touching on some of the judges.
They sued, arguing that the President’s inaction violated their constitutional rights and fundamental freedoms.
The judges maintained that the Constitution did not give the President an option or discretion when it came to appointing judges, and the refusal left them in an awkward position full of anxiety, unsure of what was happening and when they would be appointed.
According to the judges, the refusal to appoint the petitioners amounted to not only a constitutional violation, but also a violation of a crystallised constitutional right.
Other than payment of damages of Sh20 million to each of the judges, the court condemned the government to pay the costs of the case, which was taxed at Sh4 million.
22 other judges were awarded a total of Sh55 million last week after they were kept waiting to be sworn in for 21 months. The two cases have left the taxpayers with a bill of Sh180 million for mistakes of the Executive.
While awarding them compensation, the High Court said the judges suffered mental and psychological anguish, a serious violation of rights and fundamental freedoms by the person holding the highest office in the country.
