Six judges nominated for the Court of Appeal but rejected by the president over alleged integrity breaches have demanded a public apology from the president.
In a petition to the high court, they also demand to be compensated for the losses they have suffered as a result.
On July 22 and 13 August 2019, the Judicial Service Commission recommended the appointment of Aggrey Muchelule, Weldon Korir, Joel Ngugi, and George Odunga as Judges of the Court of Appeal and Evans Makori together with Judy Omange as Judges of the Environment and Lands Court.
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However, in a twist that caused national disquiet, former President Uhuru Kenyatta rejected the six Judges citing integrity issues.
Citing intelligent reports, which were yet to be made public, he said they were not qualified to sit as judges.
The legal experts have now approached the High Court seeking via a petition, seeing a public declaration that nothing whatsoever warranted their disqualification and to be compensated duly.
A report monitored from Daily Star, states that the former president refused to allow the judges despite several cases filed in court to make him do so.
It was when the new government of President William Ruto came to power, that they were however appointed, but the judges insist they suffered public humiliation which needs to be publicly addressed.
They stated this much in an affidavit sworn by Court of Appeal Judge Aggrey Muchelule
“We suffered public humiliation because of insinuations created by Uhuru and other public officials to the effect that we were collectively persons not fit to hold the offices of Judges in Kenya.
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“We have suffered loss and damage as a result of the public humiliation and been subjected to uncertainty,” read the documents in part”, they assert.
According to them part of the ways to remedy their loss was for the presidency to be compelled to issue a public apology clearing their names.
The court documents contains computations yearly increments prescribed for the Judge of the Court of Appeal amounting to Sh 33,349 in the monthly pay and Sh 31,232 for the Judge of the Environment Court.
This Ongoya says amounts to Sh 400,188 and Sh 374,784 respectively in the first year when the Judges remained unappointed which amount doubled in the second year and would triple in the third.
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The total yearly amount in compensation they seek is to Sh 3.9 million each, totaling sh 15 million. The Environment judges on the other hand are asking for Sh 3.7 million each. In total being Sh 7.7 million.
In addition to the above, they are also seeking an order compelling the Attorney General to make a public admission in publication, that no evidence was ever presented before the Judicial Service Commission or any other body that justified their disqualification
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