Kenyan court maintains ban on EACJ judge nominations

Following the extension of the injunction halting his appointment, Kenyan Zablon Muruka Mokua will continue to be prohibited from accepting the role of First Division judge at the East African Court of Justice (EACJ).

Judge Lawrence Mugambi of the High Court, filling in for Justice Chacha Mwita on Friday, prolonged the orders delaying the appointment until the Law Society of Kenya (LSK) petition is considered and decided.

In an order dated June 21, 2024, Justice Mugambi declared, “Interim conservatory orders issued on 5th June 2024 are hereby extended until the determination of this petition.”

September is when the case will now be heard.

The judge gave the order, “Highlighting of submissions on all issues in the matter will be on September 17, 2024.”

President William Ruto proposed Dr. Mokua to succeed Kenyan Judge Charles Nyachae, who left the court in Arusha in January 2024.

But the LSK contested his claim, saying he wasn’t qualified for the role.

According to LSK, Dr. Mokua is not qualified to serve as a judge of a superior court, specifically the High Court, which is the EACJ First Instance Division’s equivalency.

Replacing Justice Charles Nyachae, who resigned in January, was Dr. Mokua, who represented Bassi Central Ward in the Kisii County Assembly (MCA) from 2017 to 2022. Dr. Mokua was nominated on April 18, 2024, by East African Community Cabinet Secretary Peninah Malonza.

However, the LSK has contested his nomination, claiming that the Judicial Service Commission (JSC) was not involved in the nomination process and that he is not a recognized competent jurist deserving of a judgeship.

Additionally, the LSK argued that CS Malonza is not authorized by the constitution to propose judges for nomination.

The JSC, in accordance with the LSK, is tasked with evaluating an applicant’s suitability and qualifications before recommending them for judicial nomination.

Dr. Mokua claims to be the managing partner and head of litigation at Zablon Mokua & Company Advocates according to his curriculum vitae. He serves as the Pentecostal Mission Church-Kenya’s pastor as well.