CS Munya defends Nyachae's appointment as judge

Charles Nyachae is sworn in as a judge of the East African Court of Justice (EACJ) during the 19th Ordinary Summit of EAC Heads of State in Kampala, Uganda, on February 23, 2018. PHOTO | NATION MEDIA GROUP

The appointment of Charles Nyachae as a judge of the East African Court of Justice (EACJ) was within the law, Cabinet Secretary Peter Munya has said.

Mr Munya who took over the leadership of the East African Community (EAC) docket on Thursday, said it is the prerogative of President Uhuru Kenyatta to make the appointment and not the Judicial Service Commission (JSC).

The Judiciary’s recommendation of Justice Hannah M. Okwengu, a judge of the Appeal Court, was disregarded in favour of Mr Nyachae who was sworn in last week.

“JSC has no role in international relations as it manages, appoints and oversees judges working within Kenya. The president exercised his mandate as provided for in the EAC treaty,” Mr Munya said.

APPOINTMENT
There was correspondence seen by the Nation between the Ministry and the Judiciary in which Chief Justice David Maraga nominated Justice Okwengu for the position.

Article 24 of the EAC Treaty states that Judges of the Court shall be appointed by the Summit from among persons recommended by the Partner States.

The Summit comprises Heads of States or Governments of the partner states.

“The person appointed is qualified and is a jurist with experience for many years,” Mr Munya said.

LOBBY
But former Law Society of Kenya president Isaac Okero said the EAC treaty is domesticated under the Constitution to form part of the Kenyan law.

Mr Okero said the JSC’s role according to Article 172 (1) should be understood to extend its function of recommending to the president appointment of judges to also include judges of EACJ.

“Further, Article 10 and Article 232 would require the process to be competitive,” Mr Okero said.

Meanwhile, Kenya will lobby EAC partner states to host the East African Monetary Institute.