Source: All Africa
Six women's rights groups have appealed against a court ruling that dismissed their case on the setup of the Supreme Court.
The women's organisations, through lawyer Judy Thongori, say in the notice of appeal dated August 29 that they were
dissatisfied with the High Court judgement a week ago. (Read: Suit against top judges dismissed)
The women had challenged the appointment of four men and one woman to the Supreme Court, arguing it was poor gender balance.
Same gender
But the case was dismissed by a three-judge bench and the five Supreme Court judges have since taken office after being sworn in on August 26.
Judges John Mwera, Philomena Mwilu and Mohammed Warsame absolved the Judicial Service Commission of any wrong-doing in the nomination of the five judges.
The five judges of the Supreme Court are: Jackton Ojwang', Ibrahim Mohammed, Philip Tunoi, Smokin Wanjala and Njoki Ndung'u.
The other members of the Supreme Court are Chief Justice Willy Mutunga and his deputy Nancy Barasa.
The High Court judges said the charge of constitutional impropriety levelled against the JSC was baseless, misconceived and unfounded.
The court said the petition was a "guided missile" launched not only at the commission but also at the Constitution without tangible aggression, complaint or grievance.
Specific complaints
Article 27 of the Constitution, the court added, does not impose a duty upon the JSC in the performance of its constitutional, statutory, and administrative functions.
And any claim on Article 27, the judges said, could only be sustained against the government with specific complaints and after it had failed to take legislative and other measures.
The case was brought by the Federation of Kenya Women Lawyers, Centre for Rights Education and Awareness, the League of Kenya Women Voters, Women in Law and Development in Africa, Caucus for Women's Leadership and Coalition on Violence Against Women.