Thorough vetting awaits CJ job applicants

Outgoing Chief Justice Evans Gicheru. Candidates eyeing the job of Chief Justice will go through three hours of vetting. FILE | NATION

Candidates eyeing the job of Chief Justice will go through three hours of vetting.

And first on the list to face the interview panel will be Court of appeal judge Alnashir Visram, who was first nominated by President Kibaki to the post.

According to an advert in the local dailies by the Judicial Service Commission, the panel will interview two candidates each day starting May 3 until May 12.

And so far, the commission has not received any complaint against any of the 10 shortlisted candidates.

With the exception of Dr Willy Mutunga, the other candidates for the job are serving judges of the Court of Appeal, High Court and the International Criminal Tribunal for Rwanda (ICTR).

Dr Mutunga, a respected figure in legal and civil society circles, has taught law at the University of Nairobi, is a former chairman of the Law Society of Kenya and is currently the regional head of the Ford Foundation.

The appellate judges in the race are Riaga Omollo, Samuel Bosire, Visram and Joseph Nyamu.

From the High Court are Kihara Kariuki, Mbogholi Msagha, Mary Ang’awa and Kalpana Rawal.

Also on the list is ICTR judge Lee Muthoga.

For the position of deputy chief justice, eight candidates were shortlisted for interviews.

Only one of those shortlisted is male. The candidates are justices Mary Ang’awa, Roselyne Nambuye, Mary Kasango, Hannah Okwengu, Martha Koome and Mr Justice John Nyamu. Others are lawyers Nancy Baraza and Gladys Shollei.

The candidates for both jobs should have at least 15 years experience as a superior court judge, distinguished academic, judicial officer or legal practitioner. They are also expected to have high moral character, integrity and impartiality and to demonstrate a high degree of professional competence, communication skills, fairness and good temperament.

After conducting interviews, the JSC will make recommendations to the President, who will in turn appoint the Chief Justice after approval by Parliament. The Chief Justice may serve for 10 years subject to the retirement age of 70.

The process of replacing Mr Justice Evan Gicheru stalled after President Kibaki and Prime Minister Raila Odinga failed to agree on the President’s nomination of Justice Visram.

The President had also nominated Prof Githu Muigai as Attorney-General, Mr Kioko Kilukumi as Director of Public Prosecutions and Mr William Kirwa as Controller of Budget.

However, Mr Odinga said he had not been consulted as required by the Constitution and the National Accord.

The JSC and the Committee on Implementation of the Constitution joined the debate, saying the nominations were unconstitutional.

The President was also accused of failing to involve the JSC, which is mandated to oversee judicial appointments and operations.

The controversy ended up in court where Justice Daniel Musinga declared the nominations unconstitutional.