Omtatah's petition challenging appointment of Appellate judges dismissed

Justice Lawrence Mugambi held that there was no evidence to suggest that the Judicial Service Commission (JSC) disregarded the constitutional and statutory criteria to favour particular candidates. 

He emphasized that judges of the superior courts who seek elevation to the Court of Appeal are all subjected to the same standards of integrity, competence, and suitability.

Mugambi further observed that the recruitment was not a competition between judges drawn from different courts, noting that the petition was speculative and lacked merit. 

He added that requiring quotas for judges from specific courts would be unconstitutional and tantamount to amending the Constitution through the back door.

In the case, activist Omtatah had argued that the JSC acted illegally by creating an additional position without fresh advertisement, having initially invited applications for six vacancies but eventually appointing seven candidates.

Omtatah also claimed that the appointments were discriminatory, as they excluded judges from the Employment and Labour Relations Court and the Environment and Land Court, while only elevating judges from the High Court alongside one advocate from private practice.