NAIROBI, Kenya — The High Court of Kenya has ordered the national government to pay Sh102.5 million in compensation to 41 judges whose appointments were delayed and ultimately not made during the administration of former President Uhuru Kenyatta.
The court ruled that the judges’ constitutional rights were violated when their appointments were withheld despite being recommended by the Judicial Service Commission (JSC).
The 41 judges were recommended for various courts in 2020, but President Kenyatta declined to swear them in, citing concerns over their integrity based on reports from the National Intelligence Service and other security agencies.
He also argued that some nominees did not meet the required threshold for judicial office.
The matter escalated to the High Court after the judges petitioned for enforcement of their rights, arguing that the President’s refusal to appoint them amounted to an unlawful violation of their constitutional entitlements.
In February 2020, a three‑judge bench initially ruled that the President had no authority to revisit the list of recommended judges and that failing to appoint them was unconstitutional. However, the appointments were still not made at the time.
When Chief Justice Martha Koome took office in May 2021, she moved quickly to address the impasse. Within two weeks, 34 of the 41 judges were finally appointed, ending the deadlock that had persisted for over a year.
Despite these late appointments, the High Court found that the prolonged delay and initial non‑appointment had inflicted harm on the judges’ careers and rights.
The court therefore granted compensation totalling Sh102.5 million to redress the violation.
This is not the first instance in which the courts have ruled against government inaction on judicial appointments.
In a separate case in 2024, six judges who were also rejected by former President Kenyatta were awarded Sh126 million in damages after a High Court found that their rights were violated when the former president failed to appoint them despite JSC recommendations.
The judgments underscore the constitutional separation of powers in Kenya, affirming the Judicial Service Commission’s primacy in recommending judicial nominees and limiting the President’s discretion once recommendations are made.
They also highlight ongoing judicial oversight to enforce rights related to fair administrative action and dignity under the Constitution.
As a result of the recent ruling, the government is now expected to disburse the ordered compensation to the affected judges, reinforcing the judiciary’s role in upholding constitutional guarantees and civil service equity.
