Over the last couple of days, Nakuru doctor Magari Gikenyi has been all over major news outlets following his decision to take the president to court and have him compelled to swear in the six judges and magistrates that he refused to earlier. However, as more and more details concerning his court case filings begin to emerge, it is unclear whether his is a serious endeavour, or perhaps an expedition undertaken for amusement.
Magari Gikenyi, a general surgeon undertaking trauma consultancy at the Nakuru Level Five Hospital, wants the court to declare the nominees duly appointed.
He argues that the President’s action contravenes the law hence should be quashed. The petitioner wants the court to order the six judges to be sworn in within 14 days and be allocated duties within 30 days and their pay grades revised immediately in their new roles to fit in the third arm of the government.
However, a perusal through his court fillings brings to fore quite some unusual claims. Dr. Gikenyi claims that Uhuru Kenyatta should in fact compensate the six judges, reason being that his rejection of their recommendations caused them Post-traumatic stress disorder (PTSD).
PTSD is mainly common in soldiers who have finished serving in their deployment areas, or anyone who has experienced a traumatising episode.
He wants an order issued of compensation for psychological and other forms of suffering as a result of the president and respondents’ actions.
The Head of State has been 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.
Justice George Odunga and Joel Ngugi were among a five-judge bench of the High Court that recently declared President Kenyatta’s pet project, Building Bridges Initiative (BBI), unconstitutional, null and void.
The President’s action was seen as punitive to the judges who had been nominated for appointment to the Appellate court.