NAIROBI, Kenya – The High Court has nullified the nomination of Zablon Muruka Mokua as a judge at the East African Court of Justice (EACJ), ruling that the process was unconstitutional.
In a decision delivered by Justice Chacha Mwita, the court found that Mokua’s appointment failed to meet the criteria set out in Article 24 of the Treaty Establishing the East African Community (EAC).
The ruling emphasized that the Judicial Service Commission (JSC) must be involved in assessing candidates for the regional court, a step that was overlooked in Mokua’s nomination.
The case was brought before the court by the Law Society of Kenya (LSK), which argued that Mokua lacked the necessary qualifications for the position.
The society also contended that the nomination, made on April 18, 2024, by then East African Community Cabinet Secretary Peninah Malonza, was unprocedural and lacked transparency.
Mokua, a former Basi Ward Member of County Assembly (MCA), had been nominated to replace Justice Charles Nyachae, who resigned in early 2024.
However, the LSK challenged the legality of his appointment, stating that the power to nominate judges lies exclusively with the JSC, not the Cabinet Secretary.
“The third respondent (Mokua) does not meet the requisite qualifications to be nominated as a judge of a superior court in Kenya and subsequently as a judge of the East African Court of Justice’s First Instance Division,” the LSK argued in its petition.
The court also found that the nomination lacked public participation and violated governance principles such as transparency, inclusivity, and accountability.
The LSK accused the Attorney General and CS Malonza of handpicking Mokua in a secretive manner, thereby denying other qualified candidates a fair chance to compete for the position.
Following the ruling, the nomination process will have to start afresh, this time under the guidance of the JSC.
The verdict is seen as a win for judicial independence and adherence to due process, reinforcing the role of institutions in upholding the rule of law.
