The Six judges, who were recently rejected by President Uhuru Kenyatta in recent appointments, can now breathe easy after the High Court issued orders barring their removal from office over alleged unethical conduct.
In orders issued on Wednesday, Justice James Makau temporarily blocked any investigation or prosecution of the nominees.
The six include Justices George Odunga, Joel Ngugi, Aggrey Muchelule, and Weldon Korir who had been recommended by the Judicial Service Commission (JSC) to serve in the Court of Appeal.
Chief Magistrate Evans Makori and High Court registrar Judith Omange were also omitted from the list of judges gazetted by the Head of State a fortnight ago.
In the new orders, Justice Makau blocked any recommendation for the removal of the judges or interference with their duties.
The judge barred JSC from convening, recommending in a meeting any form of action against the rejected judges adversely mentioned in the report the President received from the National Intelligence Service (NIS).
He also prohibited the state from making public the report that led to the rejection of the six.
The case challenging the omission of the six judges was filed by Benard Okello, who accused the President of discriminating against the serving members of the judiciary.
The petitioner argued that Article 166 of the Constitution provides that the “President shall appoint…all other judges in accordance with the recommendation of the JSC..”
“I have considered for issuance of the interim order and I am satisfied that the petitioner has demonstrated a prima facie case with a likelihood of success. If interim orders are not issued, he will suffer prejudice,” said Makau.
Orange Democratic Movement (ODM) leader Raila Odinga on Saturday asked President Kenyatta to make public the adverse report that led to the rejection of the six, amid pressure from activists and former Chief Justices calling on the Head of State to appoint them.