The decision by the President Uhuru Kenyatta to appoint 34 judges and leave out six other nominees continues to receive mixed reactions.
Mombasa lawyer George Kithi says the president received a recommendation of 40 judges from the Judicial Service Commission (JSC) but left out six in his appointment which he termed unfortunate.
The judges were nominated by the Judicial Service Commission (JSC) to the Court of Appeal, Environment and Lands Court, and the Employment and Labour Relations Court.
“The JSC is charged with the responsibility and vetting and appointing judges as arbiters of justice and the role of the executive in the whole process is limited” he said.
The veteran lawyer said the fact that the decision by the presidency has created mixed reactions from the legal fraternity and the public at large shows that the appointments were not done properly.
“The president should have appointed the entire list of 40 judges that were presented to him or have returned those he left out to the JSC with concrete reasons for rejecting them” he added.
He said the president should be compelled to appoint the remaining judges he left out without any good reasons.
The president declined to appoint six judges including Aggrey Muchelule, George Odunga, Weldon Korir and Prof Joel Ngugi who were recommended for the Court of Appeal.
He also rejected Evans Makori and Judith Omange Cheruiyot, who had been recommended for the Labour Court.
Justice Professor Joel Ngugi and Justice George Odunga, were part of the five-judge bench that stopped BBI reggae.
Lawyer Kithi said if the president is not comfortable appointing the remaining judges then he should be at liberty to appoint a tribunal to look into their integrity issues and conduct as judges.