Kenyan judges grilled over past rulings

Two Appeal Court judges Samuel Bosire and Joseph Nyamu were on Wednesday “put on their defence” over their past rulings, alleged mistreatment of lawyers and use of bad language, on the second day of interviews for candidates for the post of Chief Justice.

Attorney-General Amos Wako and lawyer Ahmednasir Abdullahi put judge Nyamu to task over his ruling last year which outlawed kadhis’ courts while judge Bosire was accused of being harsh to a widow in a burial dispute.

Mr Justice Nyamu was also accused of being a “gatekeeper” for former Chief Justice Evan Gicheru and favouring the rich and politicians, especially in corruption cases.

It was pointed out that the judge had ruled against the government and the Kenya Anti-Corruption Commission in high profile graft cases, especially on the Anglo-Leasing scandal. He denied the accusations.

“It has to do with access to court. We have to ensure that both the rich and the poor access the courts. I have never been influenced by politics. I justify my judgments on the law.”

Mr Justice Bosire was accused of appearing to favour the Umira Kager clan in the dispute over the burial of lawyer SM Otieno, pitting the clan against his widow, Wambui.

The widow wanted Mr Otieno buried in Matasia (Ngong) but the judge ruled in favour of the clan which wanted the lawyer buried at his Nyalgunga village home in Siaya.

The judge told the Judicial Service Commission which is conducting the interviews that the decision was made using customary law.

JSC member Florence Mwangangi had argued that in his ruling, the judge was harsh to the widow.

“Burials are sensitive especially among the Luo. The matter had to be dealt with and a decision had to be made on the basis of customary law,” he said.

The judge was however uncomfortable with questions by JSC member Ahmednasir which, he felt, were “personal.”

The judge accused Mr Ahmednasir of harassing him with the aim of projecting him in bad light.

Mr Ahmednasir had questioned the judge’s treatment of lawyers, his decision to order inspection of property in a court case as well as his academic credentials.

The judge defended his credentials saying he had acquired sufficient experience and exposure.

The two judges identified poor funding, lack of training and technology as critical challenges facing the Judiciary.

Other members of the interview panel were Prof Christine Mango, High Court judge Isaac Lenaola, Emily Ominde and Mr Titus Gatere of the Public Service Commission.

Two other candidates, Appeal Court judge Alnashir Visram and law scholar Willy Mutunga appeared before the commission Tuesday.

Dr Mutunga said if appointed he would ensure complete independence of the Judiciary from the other arms of the government.