The petitioner, Dr. Magare Gikenyi says the president’s actions contravened the law and wants the entire process quashed.
Dr. Gikenyi, a general surgeon undertaking trauma consultancy at the Nakuru Level Five Hospital, argues that the matter is of public interest and wants the courts to address it immediately.
The president is listed as the first respondent, the attorney general as the second respondent, Chief Justice Martha Koome as third respondent and the attorney general in his individual capacity as 4th respondent.
In a sworn affidavit, Dr. Gikenyi says the action of the President of the Republic of Kenya of purporting to gazette a partial list of persons to be appointed judges of the superior courts was unconstitutional, and therefore, invalid, null and void.
President kenyatta appointed 34 judges and left out six that included George Odunga, Aggrey Muchelule, Joel Ngugi, Weldon Korir, Judith Cheruiyot and Evans Makori.
The petitioner in Nakuru, wants the six judges to be presumed as having been appointed and to take up duties in their new stations.
He wants that the court orders the six judges to be sworn in within 14 days and in addition, the six judges be allocated duties within 30 days and their pay grades revised immediately to fit their new roles in the judiciary.
The petitioner further wants a declaration from the High Court that President Kenyatta has failed Chapter 6 of the Constitution on leadership and integrity through his actions of cherry picking judges in the list presented to him by the Judicial Service Commission contrary to the law.
The petitioner being a medical doctor says the affected six judicial officers have suffered PTSD (post traumatic stress disorder) by the action of the president and respondents and wants an order issued of compensation for psychological and other forms of suffering as a result of the president and respondents actions.
On Friday, justice James Wakiaga declined to issue orders that had been sought by Katiba Institute to have the swearing in process stopped but instead certified the matter as urgent.
Wakiaga directing that the matter be mentioned on Wednesday, June 9 for further directions.
Already 34 judges have been sworn in with President Kenyatta and Chief Justice Martha Koome officiating. The chief justice later asked the president to appoint the six judges he rejected.