DCJ job: Judge backs polygamy

Lady Justice Philemona Mbete before the JSC panel for an interview for the deputy chief justice post, at Supreme Court buildings on October 3, 2016. She pointed out that Kenyan communities have been practising polygamy for years. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • She was reacting to a question by commissioner Mercy Deche, who had sought to establish if such unions create inequality in the interest of human rights.
  • Justice Mwilu said she was the best placed to fight corruption within the Judiciary and other public institutions.

A judge who is seeking to become the Deputy Chief Justice on Monday supported polygamy “as long as there is peace in the family”.

Court of Appeal judge Philomena Mbete Mwilu told the Judicial Service Commission (JSC) that she has no objection to the practice provided those in such unions act within the law.

She was speaking at the Supreme Court buildings in Nairobi during the interviews for the DCJ position.

Justice Mwilu pointed out that Kenyan communities have been practising polygamy for years, even before it was entrenched in the Constitution.

She was reacting to a question by commissioner Mercy Deche, who had sought to establish if such unions create inequality in the interest of human rights.

Ms Deche also asked if by agreeing to polygamy, the judge was contravening the Maputo Declaration on human rights, which Kenya had ratified to seek resolve on the matter.

“I don’t see a conflict in law, it just gives options on if you want to be in a monogamous or polygamous arrangement,” she said.

“I wouldn’t want to police anyone on marriage, and the Maputo declaration does not really criminalise polygamy. Plus anyone who gets in such a union is ready to share a man,” she said.

The judge noted that in the past, problems like property sharing in African communities did not arise when two people decided to live together and share a man.

At the same time, she asked the JSC to increase the number of women in the Supreme Court to three.

Previously, they were two. The judge also revealed that gender issues were a thing of the past in the Judiciary “as more than 50 per cent of employees are female”.

Justice Mwilu said she was the best placed to fight corruption within the Judiciary and other public institutions.

She told the JSC that she wants to manage the corruption docket if appointed DCJ, saying she felt qualified enough.

“I will set systems in place, strengthen them and also set others to prevent corruption,” she said.

Earlier, her counterpart, Justice Pauline Nyamweya, has asked JSC to withdraw her application.

She said that after careful consideration and following that Justice David Maraga had been nominated for the position of Chief Justice, she chose to withdraw her application.

She quoted the Constitution on regional balance in appointments, saying that since she and Justice Maraga come from the same community, it could be contrary to the Constitution. The panel accepted her withdrawal.