The High Court has declared Zabron Mokua's nomination as a judge at the East African Court of Justice unconstitutional, dealing a fresh blow to the former Member of County Assembly (MCA) and the government. In a ruling on Friday, January 31, Justice Chacha Mwita declared that the East African Community Cabinet Secretary can only make appointments after consulting the Judicial Service Commission (JSC).
Mokua was nominated in April 2024 by then EAC CS Peninah Malonza to the East African Court of Justice following the retirement of Justice Charles Nyachae.
Nyachae, a former chairman of the defunct Commission for the Implementation of the Constitution (CIC), resigned in November 2023, with Mokua being tipped as one of the favourites to replace him. Former Cabinet Secretary for EAC, ASALs & Regional Development Peninah Malonza Photo Peninah Malonza However, the appointment was challenged by the Law Society of Kenya (LSK), which challenged the former Basi Central Ward MCA because he was not a jurist of recognised competence worth being nominated as a judge. "By surreptitiously handpicking the 3rd Respondent (Mr Mokua) as Kenya's nominee for the position of a kludge of the First Instance Court of the East African Court of Justice, the 1st and 2nd respondents (Attorney General and CS Malonza, respectively) denied other qualified Kenyans an opportunity to offer themselves for appointment in a competitive manner," LSK said last year.
The East African Law Society (EALS) also questioned the qualification of Malonza to send names to the council of ministers for approval.
