The High Court has dismissed a petition that sought to challenge the recent appointment of judges to the Court of Appeal, ruling that the process adhered to constitutional and legal requirements.
The petition had argued that the Judicial Service Commission (JSC) unfairly excluded judges from certain superior courts and irregularly increased the number of appointees. However, the court found no evidence to suggest that the JSC disregarded the established standards of merit, competence, and integrity in making the appointments.
In its decision, the court emphasized that all judges aspiring to join the Court of Appeal are subjected to the same evaluation criteria. The judge clarified that the recruitment process is not meant to be a competition between judges from different superior courts, but rather an assessment of individual suitability for the appellate bench.
The petitioner had raised concerns that the JSC initially advertised six vacancies but eventually recommended seven candidates without issuing a fresh notice. He further alleged that the appointments discriminated against judges from the Employment and Labour Relations Court (ELRC) and the Environment and Land Court (ELC), since only judges from the High Court and one advocate from private practice were elevated.
In response, the court ruled that the claim of illegality was speculative and unsubstantiated. It held that the JSC acted within its mandate to fill available vacancies based on the qualifications and performance of applicants. The judgment added that introducing quotas to ensure representation from different courts would be unconstitutional, as it would amount to altering the Constitution without following the prescribed amendment procedures.
The ruling effectively upheld the legitimacy of the JSC’s recruitment process, affirming that the appointments complied with both constitutional provisions and statutory requirements. The court also underscored that judicial appointments should remain merit-based to safeguard the independence and integrity of the judiciary.
This decision marks a significant moment in the ongoing debate over judicial appointments in Kenya. It reinforces the principle that the elevation of judges to higher courts is not about proportional representation of different jurisdictions but about individual merit and suitability for appellate duties.
By dismissing the petition, the court has provided clarity on the scope of the JSC’s powers in judicial recruitment and reaffirmed the constitutional standards guiding the appointment of judges to the Court of Appeal.
