Judge on the spot over rulings

The professional conduct of Court of Appeal judge Alnashir Visram came under scrutiny on Tuesday as vetting for Kenya’s next Chief Justice started.

Mr Justice Visram was pushed to the limits by the Judicial Service Commission to explain three judgements he made regarding senior political leaders.

The seven-member commission led by Prof Christine Mango was of the opinion that in the three judgements, the judge seemed to tilt justice in favour of the politicians.

Commissioner Ahmednasir Abdullahi described the judge’s ruling in a case involving the then Tourism, Industry and Trade minister Nicholas Biwott as “overzealous.”

Mr Abdullahi tore through the judgement where the candidate awarded damages of Sh30 million to Mr Biwott for defamation — the highest ever.

“Your judgements, especially on cases involving senior political leaders, seem to favour those in power,” he said.

Attorney-General Amos Wako drew more blood, noting that whereas the defamation law then allowed for a minimum award of Sh1 million while leaving the maximum to the discretion of the judge, Sh30 million was extreme.

But Mr Justice Visram said that the book that painted Mr Biwott as corrupt and a murderer was published and distributed worldwide.

The revenue that the authors and bookshops raked in from its sales warranted the damages, he said.

Mr Justice Visram, who was the first candidate to be interviewed at the city’s Anniversary Towers, was also told that other judgements involving Cabinet Minister George Saitoti, on the Goldenberg saga, and former Cabinet Minister Kipng’eno arap Ng’eny were questionable.

“We are looking for candidates with an impeccable record, superb credentials and those whose integrity is beyond reproach,” Prof Mango said.

However, Mr Justice Visram said he had a proven track record of the least recalled judgements in Kenya’s judicial system, adding that he also delivered in time.

His verdict will be known in two weeks when the commission concludes the interviews and announces the successful candidates.

Judge Visram nearly became CJ when President Kibaki nominated him in March. But there was opposition over claims that there had not been sufficient consultations with the Prime Minister on the choice.

Pressure piled on the President to withdraw the nominations and allow for a more transparent and competitive recruitment of the top judicial positions.

Confidential information

Two candidates will be interviewed daily for the posts of both the CJ and deputy CJ until May 12, after which the commission will take seven days to pick the successful candidates.

The interviews are open to the Press except in cases where the candidates are to give confidential information.

Besides executing his or her legal duties as the head of the Judiciary, the successful candidate will also be required to have managerial skills and the desire for reforms in the judiciary.

Other members of the commission include Emily Ominde, Isaac Lenaola, Titus Gateere and Florence Mwangangi.

Dr Willy Mutunga was also interviewed by the commission on Tuesday.