The High Court has ordered the Kenyan government to pay Sh102.5 million in compensation to 41 judges who were denied appointments during former President Uhuru Kenyatta’s tenure, ruling that their rights were violated.
The ruling, delivered on Tuesday, comes after the judges filed a petition challenging the government’s decision not to appoint them despite being qualified and recommended by the Judicial Service Commission (JSC).
The court found that the exclusion of the judges from appointment was arbitrary and violated their constitutional right to fair treatment and opportunity.
According to the judgment, each affected judge will receive compensation for the financial losses and career setbacks they endured over the years.
The court emphasized that the state must uphold the principles of fairness and transparency, particularly in the appointment of judicial officers, whose independence is central to upholding the rule of law.
Legal analysts say the ruling could set a precedent for other professionals who were unfairly sidelined in public service appointments.
“This is a clear reminder that political interference in judicial appointments has consequences,” said one constitutional lawyer, speaking on condition of anonymity.
The ruling is also timely amid ongoing discussions about judicial reforms and government accountability.
President William Ruto’s administration has recently been under scrutiny over transparency in appointments across various sectors.
Observers note that enforcing this compensation demonstrates a commitment to upholding the rule of law, even when addressing grievances from previous administrations.
The government has been given 30 days to effect the payment. Officials from the Attorney General’s office confirmed they are reviewing the judgment before releasing the funds.
This development adds to a series of legal and financial rulings affecting former and current administration decisions, reinforcing the judiciary’s role as a check on executive power.
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