Rutashubanyuma
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- Sep 24, 2010
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[h=1]Penye ukweli uongo hujitenga................................
Judicial team claims right to appoint new Chief Justice
[/h]
Published on 11/01/2011
By EVELYN KWAMBOKA
and BEAUTTAH OMANGA
A tussle over the appointment of Kenya's next Chief Justice is brewing and names of top lawyers and senior judges have been touted as potential candidates for the plum post.
The Law Society of Kenya (LSK) has proposed a controversial list of five names, all male lawyers, leaving out members of the current Judiciary.
"They have left them out despite the presence of many highly qualified female officers in the rank and file of the Judiciary and the Bar," said a senior LSK member.
But in a swift rejoinder moments after the Judicial Service Commissioners (JSC) were sworn into office, member Ahmednasir Abdullahi said he docket of nominating and appointing the next CJ was within their mandate, and the Executive should wait for the list of individuals it will vet and hand over.
Another JSC member, Isaac Lenaola, also proposed that they be involved in vetting and interviewing the next CJ to ensure transparency and accountability.
He suggested that the JSC be allowed to advertise the vacancy to allow all qualified Kenyans to apply for the job, to be followed by interviews.
Forwarded to house
"Three names should be forwarded to Parliament to pick one and give to the President for appointment," said Lenaola.
He described what LSK was doing as "mere politics and naivette" and observed that Justice Minister Mutula Kilonzo had also called for transparency in the appointment of the new Chief Justice.
The procedure proposed by the JSC was used in the appointment of its members and those of the Constitution Implementation Commission (CIC). Women lawyers also said the new Constitution requires the Judicial Service Commission to promote gender equity.
Article 166 spells out that the President shall appoint the Chief Justice and the Deputy Chief Justice in accordance with recommendation of the Judicial service Commission, and subject to the approval of the National Assembly.
However, under the new laws, Section 24 (1) of the Sixth Schedule allows the President to appoint a new CJ "subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly."
LSK tabled its list of candidates for to succeed Chief Justice Evan Gicheru who is expected to leave office by February 27, six months after the enactment of the new Constitution.
"We are aware some forces will want to retain the status quo by having one of the Judiciary members elevated to replace Gicheru. That will not be acceptable to all lawyers in this country who are key stakeholders in this country we want a fresh broom sourced from outside the courts", said the LSK Chairman Kenneth Akide.
Those the LSK has proposed include the chairman of the defunct Committee of Experts Nzamba Kitonga, Chairman of the Law Reform Commission Kathurima M'Inoti, lawyers Pheroze Nowrojee, Fred Ojiambo and Prof Githu Muigai. Yesterday, Ahmednasir a JSC member, said President Kibaki and the Prime Minister Raila Odinga should allow JSC to carry out the appointments of the CJ, Attorney General and the Director of Public Prosecutions.
"Even though the new Constitution allows the President to appoint the CJ, he should give JSC powers to do the job," he proposed.
The new CJ is expected to chair the JSC and serve as the head of the Supreme Court, to be established immediately vetting of judges complete.
Sworn-in
Speaking to journalists after being sworn in as a JSC member by the CJ at the Nairobi Law Courts, Abdullahi said jobs in the Judiciary should be filled in a competitive and transparent manner, in order to restore the institution's glory.
"It is deliberate that the Judiciary has been taken as a guinea pig to be the first one to face the wrath of the new Constitution,' he said.
The advocate, who was vetted along with other seven commissioners to serve in the JSC, said the new Constitution provides for a better mechanism in the vetting of new and old judges/magistrates. "The days of political patronage and sycophancy have come to an end," he said.
Other JSC members sworn in were Court of Appeal judge Riaga Omolo, High Court judge Isaac Lenaola, Principal Magistrate Emily Ominde, Florence Mwangangi, Prof Christine Mango, Bishop Anthony Muheria and Mr Titus Gateere,
"JSC is expected to give a new life to the Judiciary and all appointments must be done carefully because if we get it wrong, it will be difficult to achieve this," warned Akide.
Justice minister Mutula Kilonzo said the Cabinet has approved Sh823 million for the Judiciary, and part of it will be used by JSC in its operations.
Also named in the media as potential nominees to the CJ's slot are judges, Justice Philip Waki, who chaired the post-election violence commission, High Court judge Justice Kihara Kariuki and appellate judge Justice Riaga Omollo, who is the most senior and often deputises Gicheru.
Prof Muigai is a senior partner at Mohammed Muigai Advocates and the UN special Rapporteur on xenophobia, and is accredited to the ICC. Kathurima M'Inoti is a former partner in Cabinet Minister Kiraitu Murungi's law firm.
Akide said Justice Waki who chaired the commission that investigated the causes of the 2007-08 post-election violence "did his part and we all congratulate him. But as an insider he cannot be relied upon for any reforms envisioned in the new law."
He said Nowrojee, despite his age, should be considered on the strength of his understanding of the law and also for being a reformist.
"Age might not be on his side, but we are recommending him on the understanding that he will serve as a transitional judge for short period," said Akide.
Judicial team claims right to appoint new Chief Justice
[/h]
Published on 11/01/2011
By EVELYN KWAMBOKA
and BEAUTTAH OMANGA
A tussle over the appointment of Kenya's next Chief Justice is brewing and names of top lawyers and senior judges have been touted as potential candidates for the plum post.
The Law Society of Kenya (LSK) has proposed a controversial list of five names, all male lawyers, leaving out members of the current Judiciary.
"They have left them out despite the presence of many highly qualified female officers in the rank and file of the Judiciary and the Bar," said a senior LSK member.
But in a swift rejoinder moments after the Judicial Service Commissioners (JSC) were sworn into office, member Ahmednasir Abdullahi said he docket of nominating and appointing the next CJ was within their mandate, and the Executive should wait for the list of individuals it will vet and hand over.
Another JSC member, Isaac Lenaola, also proposed that they be involved in vetting and interviewing the next CJ to ensure transparency and accountability.
He suggested that the JSC be allowed to advertise the vacancy to allow all qualified Kenyans to apply for the job, to be followed by interviews.
Forwarded to house
"Three names should be forwarded to Parliament to pick one and give to the President for appointment," said Lenaola.
He described what LSK was doing as "mere politics and naivette" and observed that Justice Minister Mutula Kilonzo had also called for transparency in the appointment of the new Chief Justice.
The procedure proposed by the JSC was used in the appointment of its members and those of the Constitution Implementation Commission (CIC). Women lawyers also said the new Constitution requires the Judicial Service Commission to promote gender equity.
Article 166 spells out that the President shall appoint the Chief Justice and the Deputy Chief Justice in accordance with recommendation of the Judicial service Commission, and subject to the approval of the National Assembly.
However, under the new laws, Section 24 (1) of the Sixth Schedule allows the President to appoint a new CJ "subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly."
LSK tabled its list of candidates for to succeed Chief Justice Evan Gicheru who is expected to leave office by February 27, six months after the enactment of the new Constitution.
"We are aware some forces will want to retain the status quo by having one of the Judiciary members elevated to replace Gicheru. That will not be acceptable to all lawyers in this country who are key stakeholders in this country we want a fresh broom sourced from outside the courts", said the LSK Chairman Kenneth Akide.
Those the LSK has proposed include the chairman of the defunct Committee of Experts Nzamba Kitonga, Chairman of the Law Reform Commission Kathurima M'Inoti, lawyers Pheroze Nowrojee, Fred Ojiambo and Prof Githu Muigai. Yesterday, Ahmednasir a JSC member, said President Kibaki and the Prime Minister Raila Odinga should allow JSC to carry out the appointments of the CJ, Attorney General and the Director of Public Prosecutions.
"Even though the new Constitution allows the President to appoint the CJ, he should give JSC powers to do the job," he proposed.
The new CJ is expected to chair the JSC and serve as the head of the Supreme Court, to be established immediately vetting of judges complete.
Sworn-in
Speaking to journalists after being sworn in as a JSC member by the CJ at the Nairobi Law Courts, Abdullahi said jobs in the Judiciary should be filled in a competitive and transparent manner, in order to restore the institution's glory.
"It is deliberate that the Judiciary has been taken as a guinea pig to be the first one to face the wrath of the new Constitution,' he said.
The advocate, who was vetted along with other seven commissioners to serve in the JSC, said the new Constitution provides for a better mechanism in the vetting of new and old judges/magistrates. "The days of political patronage and sycophancy have come to an end," he said.
Other JSC members sworn in were Court of Appeal judge Riaga Omolo, High Court judge Isaac Lenaola, Principal Magistrate Emily Ominde, Florence Mwangangi, Prof Christine Mango, Bishop Anthony Muheria and Mr Titus Gateere,
"JSC is expected to give a new life to the Judiciary and all appointments must be done carefully because if we get it wrong, it will be difficult to achieve this," warned Akide.
Justice minister Mutula Kilonzo said the Cabinet has approved Sh823 million for the Judiciary, and part of it will be used by JSC in its operations.
Also named in the media as potential nominees to the CJ's slot are judges, Justice Philip Waki, who chaired the post-election violence commission, High Court judge Justice Kihara Kariuki and appellate judge Justice Riaga Omollo, who is the most senior and often deputises Gicheru.
Prof Muigai is a senior partner at Mohammed Muigai Advocates and the UN special Rapporteur on xenophobia, and is accredited to the ICC. Kathurima M'Inoti is a former partner in Cabinet Minister Kiraitu Murungi's law firm.
Akide said Justice Waki who chaired the commission that investigated the causes of the 2007-08 post-election violence "did his part and we all congratulate him. But as an insider he cannot be relied upon for any reforms envisioned in the new law."
He said Nowrojee, despite his age, should be considered on the strength of his understanding of the law and also for being a reformist.
"Age might not be on his side, but we are recommending him on the understanding that he will serve as a transitional judge for short period," said Akide.