JSC to kick off interviews for top Judiciary posts

The Judicial Service Commission will convene today to open applications for Kenya’s top Judiciary jobs, with lawyers saying they will compile a list of qualities of the candidates.

Law Society of Kenya (LSK) President Isaac Okero said Sunday the council would meet this week to develop a strategy for its members to be fully involved in the selection of the new Chief Justice, the deputy and a Supreme Court judge.

“The meeting will be to ensure that the views of our members on the candidates for the various positions are incorporated,” Mr Okero told the Daily Nation.

The LSK meeting which had been planned for today has been pushed to Thursday after JSC released the list of candidates that had applied for the top jobs.

Fourteen Kenyans have expressed interest to succeed Dr Willy Mutunga, who retired last month, 15 for the position of Deputy Chief Justice and 21 for the post of Supreme Court judge.

JSC vice-chair Margaret Kobia said in a statement that the commission would meet to review the applications for completeness and conformity with the necessary requirements within 14 days.

Thereafter, she said, the commission would, within the first 21 days cross check information provided by the applicants and also interview the referees.

The move by the LSK to want to provide information from its members about the candidates might be a game changer as the JSC starts the interviews.

At the JSC, the LSK is represented by Ms Mercy Mwarah Deche and Prof Tom Ojienda.

Senior Counsel Ahmednasir Abdullahi, who represented the society when Dr Mutunga was interviewed for the job was abrasive and inquisitive and so the society will be watching to see how the two will conduct themselves.

Opinion in legal circles is divided over whether the county needs another Dr Mutunga-type “activist” CJ or a calm, conformist head of the Judiciary.

Political scientist Mutahi Ngunyi last week stirred debate when he quipped on Twitter that Kenya did not require an activist CJ, in reference to a man with whom he has disagreed with for long — US-based law professor Makau Mutua.

UP FOR THE TASK

But Senior Counsel Paul Muite dismissed the debate saying the term ‘activist CJ’ was derogatory and used as a sign of contempt.

“There is no such thing as an activist CJ. This is a debate fronted by conservative forces who will like business to remain as usual. Kenya needs a progressive CJ,” said Mr Muite.

“Kenya nearly descended into abyss because of conservative judges who could not contain the President, Parliament or implement the Constitution.”

Mr Okero said the debate on activism for a CJ was misplaced as well as the debate on certain individual applicants for the position.

“The conversation on who will head the Judiciary should not be about whether one is an activist or not. It should be about a person who will continue on the reform trajectory and make the Judiciary remain a bastion of Constitutional order,” said Mr Okero.

Constitutional lawyer Bobby Mkangi, who was a member of the Committee of Experts that drafted the Constitution, said that work was already cut out for the JSC.

“When we drafted the Constitution, we basically wanted an angel for a CJ. The requirements were deliberately set very high to get someone with the highest moral standing,” said Mr Mkangi.

Mr Muite said the next CJ should be on top of his or her game.

“We should be looking for a CJ with a track record and an individual who will secure the independence of the Judiciary from all quarters,” said Mr Muite.

Judges gunning for the top post include Smokin Wanjala, Prof Jackton Ojwang, Alnashir Visram, David Maraga, Mbogholi Msagha, Roselyne Nambuye and Justice (rtd) Aaron Ringera.

CONTENDERS

Those who are not judges and want the position are Prof Makau Mutua, David Mwaure Waihiga, Dr Isaac Rutenberg, Philip Nzamba Kitonga, Kongani Udoto Kongani Paul Andrew, Mr Daniel Wambura and Ms Lucy Wanja Julius.

Those on the Bench who want to be deputy Chief Justice include Court of Appeal judges Hannah Okwengu, Abida Ali Aroni, Agnes Murgor, Roselyne Nambuye, Philomena Mwilu, Fatuma Sichale, Wanjiru Karanja, and Martha Koome.

Others are High Court judges Lydia Achode and Pauline Nyamweya.

The non-judges for the position of DCJ are Joyce Miguda Majiwa, Pamela Mwikali Tutui, Surinder Kapila, Judith Wanjala and the male candidate being David Mwaure Waihiga.

The position of Supreme Court judge, which fell vacant after Justice Philip Tunoi retired, has attracted 21 candidates.

They include Justices Roselyne Nambuye, Agnes Murgor, Martha Koome among others.

The male candidates, who are judges, are Isaac Lenaola, Mbogholi Msagha, Erastus Githinji, Alnashir Visram, Joseph Kiplangat Sergon, and Luka Kimaru.

The non-judges seeking the post are Judith Wanjala, Mr John Chebii Kipkoech, Ms Pamela Mwikali Tutui, David Mwaure Waihiga, Prof Kevin Faustine O. Mare, Dr Kibaya Laibuta, Ms Joyce Miguda Majiwa and Dr Isaac Rutenberg.