Official to fill post that has been vacant after Baraza’s exit

What you need to know:

  • Nomination will have to get nod from National Assembly before the President appoints officer

Court of Appeal judge Kalpana Rawal has been nominated for the position of Deputy Chief Justice.

At the same time, Court of Appeal judges on Friday elected Mr Justice Paul Kariuki Kihara as their president.

Lady Justice Rawal’s nomination will have to be approved by the National Assembly before the President can appoint her to the position.

If she passes the two remaining stages, she will fill the position that has remained vacant since the exit of Ms Nancy Baraza.

A tribunal investigating Ms Baraza’s conduct recommended her sacking last August after finding that her handling of a security guard during a confrontation at the Village Market, Nairobi, amounted to gross misconduct and misbehaviour.

She moved to the Supreme Court to challenge the tribunal’s decision but later dropped the bid and resigned from the position in October last year.

The Constitution requires the President to appoint a Deputy Chief Justice in accordance with the recommendation of the Judicial Service Commission (JSC) and subject to the approval of the National Assembly.

The Cabinet recently requested the JSC to name an acting Deputy Chief Justice pending the appointment of a person for the position. The Cabinet and Kenyans will have to await the next General Election so that the National Assembly can be constituted.

According to the East African Law Society president, Mr Aggrey Mwamu, the JSC is independent, hence the Cabinet’s request was an error that lacks legal basis.

He added that even if the JSC wanted to appoint an acting Deputy Chief Justice, there is no legal provision for that.

But if elections do not produce an outright president, it means that the National Assembly will not have been fully constituted, hence may delay the approval and appointment of the Deputy Chief Justice until even up to June, according to Mr Mwamu.

The JSC announced yesterday that it had nominated Lady Justice Rawal for the position.

“Justice Rawal is an experienced, distinguished and well-grounded judge with a clear view of the institution of the Judiciary,” said Chief Justice Willy Mutunga.

He spoke during a JSC media briefing at the Supreme Court in Nairobi.

“She brings a wealth of experience and expertise to the office acquired over a 40 years’ sojourn in the legal profession,” added Dr Mutunga.

At the Court of Appeal, Mr Justice Kihara faced stiff challenge from Mr Justice David Maraga but emerged the victor in the elections conducted by the judges.

He beat Mr Justice Maraga by one vote, garnering 13 out of the 25 votes cast by the appellate judges.