Interview panel finds DCJ candidate Isaac Rutenberg ‘unqualified’
What you need to know:
- The JSC panel told Isaac M. Rutenberg that he lacks extensive knowledge of Kenyan law.
- Attorney-General Githu Muigai probed further, asking what he thought the qualifications of Deputy Chief Justice should be.
- "I believe the DCJ provides intellectual leadership and must have excellent knowledge of the law," Dr Rutenberg responded.
A senior intellectual property law lecturer at Strathmore University in Nairobi and a candidate for Deputy Chief Justice has been told he is not qualified for the position.
The Judicial Service Commission (JSC) panel interviewing candidates for the post told Isaac M. Rutenberg that he lacks extensive knowledge of Kenyan law.
Margaret Kobia, the head of the JSC team, terminated the interview after Dr Rutenberg's responses to questions from Attorney-General Githu Muigai showed that he does not have extensive grasp of Kenya's constitutional law.
"I would not consider myself an expert on Kenyan constitutional law, but I have substantive knowledge on matters I have specialised in," Dr Rutenberg said.
Prof Muigai probed further, asking Dr Rutenberg what he thought the qualifications of Deputy Chief Justice (DCJ) should be.
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"I believe the DCJ provides intellectual leadership and must have excellent knowledge of the law," he responded.
Prof Kobia then said: "It’s clear you are not qualified since you have only practised law for five years."
But Dr Rutenberg fought back, claiming he was qualified as the Constitution does not specify the time of graduation from law school as a requirement to qualify for the DCJ position.
He had earlier acknowledged that he had not taken the Kenyan bar exam but that he taught law.
"This is not personal, you just don't qualify," Prof Kobia told him.
According to Dr Rutenberg's profile on the website of the Strathmore University Law School, he received a "dual Bachelor of Science degree" in chemistry and mathematics/computer science from the Colorado School of Mines and a PhD in chemistry from the California Institute of Technology.
He also has a doctor of law degree (JD) from Santa Clara University School of Law. His area of expertise is intellectual property law, and along with teaching at Strathmore University he is also a practicing patent lawyer with the Science & Technology Law Group.
