Factors considered in choosing Maraga for CJ

Justice David Maraga was nominated as the next Chief Justice due to his relatively long stint in the Judiciary, his perceived political neutrality and his age, the Nation can report.

Judicial Service Commission insiders on Thursday revealed that they were looking for a candidate with deep understanding of the Kenyan Judiciary, one able to bridge the deep lying ideological differences between the Supreme Court and the Court of Appeal and with no known political leanings, qualities they found in Justice Maraga, aged 65.

Other factors that played in his favour include his position as chair of the Judiciary committee on elections that oversees election petition hearings that may arise after the 2017 polls.

Justice Maraga was viewed as most suitable given the ongoing clamour for electoral reforms.

A combination of factors favoured (Justice) Maraga over the rest of the pack.

He was seen as the man who best understood the functioning of the Judiciary and the delicate ego wars pitting the Supreme Court against the court of appeal and the court of appeal against the high court.

As one who has served at both the high court and the court of appeal, he was found most suited to resolve these ideological differences and guarantee a united Judiciary, said a JSC insider.

Having chaired the Judiciary committee on elections, Maraga is one person who appreciates the challenges of election law reforms and is therefore best suited to drive the reform such laws going into another election cycle, said another insider.

A devout Seventh Day Adventist, Justice Maraga, 65, came out as a moderate personality and whose nomination was therefore unlikely to be contested by either side of the political divide when his approval goes to Parliament.

AGE VARIABLE
Justice Maraga’s age also played a role in his nomination, according to the sources.

The team was reluctant to pick a person whose age would see him preside over two election cycles, given the political environment.

They wanted someone who would oversee only one election.

That could only be someone between 64 and 70, the source said.

A chief justice can only serve for a single 10-year term or retire at the age of 70, whichever comes first.

At 65, Justice Maraga cannot preside over the 2022 polls as he would be 71.

This factor knocked out Supreme Court judge Smokin Wanjala’ 56, who had done considerably well during the vetting, as well as former Committee of Experts chairman Nzamba Kitonga, 60.

Besides the age factor, Justice Wanjala, Mr Kitonga and Prof Makau Mutua lost due to their relatively little or no experience as judges.

Justice Maraga served as a lawyer for 25 years and as a judge for the last 13 years.

He was one of the few candidates with experience on the bar and bench.

Though the other original shortlisted candidates: Justices Msagha Mbogholi (63), Roselyn Nambuye (64) and Alnashir Visram (65) all fell within the required age bracket, other factors knocked them out.

Insiders revealed that after the interviews, the race had narrowed down to Justice Maraga and Justice Visram but the former demonstrated more commitment in solving problems in the Judiciary.