In an unprecedented legal showdown that threatens to further strain the relationship between the Executive and the Judiciary, six Court of Appeal judges have moved to court to sue the Kenyan government. Their grievance? A blatant refusal by the State to pay over Ksh 120 million in damages awarded to them by the High Court.
The judges—Aggrey Muchelule, George Odunga, Weldon Korir, Joel Ngugi, Evans Makori, and Judith Omange—argue that the government’s failure to settle the debt is not just a financial oversight but a direct assault on the independence of the Judiciary.
The Background: The “Uhuru Six” Saga
The roots of this battle trace back to 2019, when the Judicial Service Commission (JSC) recommended these six individuals for promotion. However, former President Uhuru Kenyatta declined to appoint them, citing “secret” intelligence reports.
It wasn’t until September 2022 that President William Ruto finally swore them in. In a landmark ruling later that year, Justice Chacha Mwita found that the three-year delay was unconstitutional, damaged the judges’ dignity, and caused them immense professional loss. He awarded each judge Ksh 20 million (totaling Ksh 126 million including interest and costs).
Why They Are Suing Now (February 2026)
Despite the clear court order, the National Treasury and the Attorney General’s office have allegedly remained silent. As of February 25, 2026, the awards remain unpaid, and the interest is ballooning.
In their new petition, the judges state:
“The State cannot be the primary enforcer of the law while simultaneously being its most prominent violator. By failing to honor a court decree, the Executive is signaling that court orders are merely ‘suggestions’ rather than binding commands.”
The Bigger Picture: A Crisis of Compliance
This case highlights a growing trend in 2026 where the government is accused of “selective obedience” to the law. Currently, the State owes billions in unpaid court awards to various citizens, but when the victims are sitting Court of Appeal judges, the stakes are exponentially higher.
The Rule of Law: If the government can ignore its own senior-most judges, what hope does the average Kenyan have?
Constitutional Crisis: This lawsuit places the Attorney General in a difficult position—defending the State against the very judges who preside over the State’s other legal battles.
What’s Next?
The High Court is expected to set a mention date for the case in early March. Legal analysts suggest that if the court finds the Treasury in contempt, it could lead to an unprecedented move: an order to garnish government accounts to satisfy the debt.
