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Zablon Mokua's nomination to East African Court of Justice blocked

EAC Headquarters
Photo credit: File | Nation Media Group

What you need to know:

  • Dr Mokua's selection was challenged by the Law Society of Kenya.
  • Dr Mokua served as an MCA in Kisii County between 2017 and 2022.

The High Court has blocked the nomination of Zablon Muruka Mokua as a judge of the East African Court of Justice (EACJ).

This comes after Dr Mokua's selection was challenged by the Law Society of Kenya (LSK).

The LSK challenged the nomination of Dr Mokua arguing that he does not qualify for the post.

While making the ruling, Justice Lawrence Mugambi said the LSK had demonstrated that the petition was likely to be rendered useless, as Dr Mokua was likely to be endorsed by the Summit of the Heads of State of the East African Community (EAC).

“Further, a conservatory order is hereby issued suspending any further consideration, deliberation, processing, approval, or appointment of the 3rd Respondent (Dr Mokua) as a Judge of the East African Court of Justice First Instance Division, pending the hearing and determination of this Application,” Justice Mugambi ruled. 

Dr Mokua, who served as an MCA for Basi Central Ward in Kisii County from 2017 to 2022 was nominated on April 18, 2024 by East African Community Cabinet Secretary Peninah Malonza to replace Justice Charles Nyachae who resigned in January.

But the LSK has challenged his nomination arguing that he is not a jurist of recognised competence worth being nominated as a judge and the Judicial Service Commission (JSC) was not involved in the process of his nomination.