CIC picks Murgor to argue its case on Supreme Court nominees
The Commission for the Implementation of the Constitution has appointed lawyer Philip Murgor to represent it in the constitutional case regarding the appointment of Supreme Court judges.
The former deputy public prosecutor (right) will represent the CIC in a suit filed by the Federation of Women Lawyers (Fida) Kenya and five other civil society groups challenging the lack of “gender balance” in the selection of the five nominees.
The matter, which resulted in the calling off of the swearing-in of the five judges, will be heard on Monday.
The Judicial Service Commission which recommended the appointments will be represented by lawyers Pheroze Nowrojee, Issa Mansour and Paul Muite.
In a statement, CIC said its involvement in the matter would assist the court to reach a just and informed decision.
“This is a matter of national importance which will have far-reaching implications on the manner in which institutions will deal with the constitutional requirement to ensure gender equity in appointments to public offices,” the statement said in part.
CIC is mandated to oversee the smooth transition and running of the new Constitution.
The five judges are Njoki Ndung’u, Jackton Ojwang, Mohammed Ibrahim, Smokin Wanjala and Philip Tunoi.
But, even as the final say in its composition remains with the judiciary, President Kibaki last Wednesday signed into law the bill that created the country’s newest and highest court.
The Supreme Court will be headed by the Chief Justice, Dr Willy Mutunga, who has just settled into office.
It will hear presidential election disputes and determine appeals from the Court of Appeal and tribunals.
Unlike the case for the CJ and his deputy Ms Nancy Baraza, the five judges were not subjected to parliamentary approval.
Through lawyer Judith Thong’ori, those opposing the appointment of the five judges argue that the JSC nominated four men and one woman in contravention of Section 27 of the Constitution.
The section says that not more than two-thirds of members of elective and appointive bodies shall be of same gender.
Civil society organisations and those championing women’s rights have been keeping a keen eye on the subject of gender balance in top public offices.
The appointment of Ms Baraza as the Deputy CJ was a move highly welcomed by the critics.
