What next for Gicheru, as the curtain falls on his last act?

By Wahome ThukuChief Justice Evan Johnson Gicheru leaves office this Sunday, just six days into his ninth year in that office.
Gicheru was appointed CJ on February 21, 2003, taking over from Chief Justice Bernard Chunga.
The question in many people’s minds is whether Gicheru 67, will choose to continue as Court of Appeal judge if cleared in the vetting, or retire.
Section 24(1) of the Sixth Schedule of the Constitution requires him to leave office within six months after August 27, 2010. However, the Constitution allows him to remain in the Judiciary till he attains 70 years of age.
New CJ
But his exit has been overshadowed by the controversy surrounding his replacement. Gicheru’s appointment in 2003 was heartily welcomed by the Law Society of Kenya. It was less controversial than the appointment of his two predecessors, Chunga and Justice Zaccheus Chesoni.
Then a Court of Appeal judge, Gicheru was just driving back to work from lunch when his daughter broke the news.

Chief Justice Evan Johnson Gicheru

"My daughter has just called all the way from London to break the news and your presence here confirms that indeed I have been appointed," he then told journalists whom he found waiting outside his office.
A father of seven, Gicheru was appointed High Court judge together with two others on April 29, 1982 at the age of 39. He was then the Provincial State Counsel for Central and Eastern provinces.
"Gicheru won a reputation for independence at a time when the more pliable judges were convening sessions at night and dispatching political detainees to long spells in torture chambers disguised as legal custody," writes former LSK chairman Ahmednasir Abdullahi.
He was elevated to the Court of Appeal as acting judge on June 8, 1988, together with Justice Richard Kwach, who retired in 2003.
Like many other Chief Justices before him, Gicheru has continued presiding over cases with the other 11 Court of Appeal judges.
Robert Ouko
He will be remembered for heading a commission set up to inquire into the death of former Foreign Affairs minister Robert Ouko in 1990. As the commission closed in on the suspected killers, it was immediately disbanded. The other remarkable moment was the radical surgery in the Judiciary in 2003, which saw many judges suspended, others investigated and cleared. The move was heavily criticised.
Many senior lawyers eyeing his seat are now cautious about giving a public verdict on his performance.
"The position is up for grabs and I don’t wish to jeopardise my chances," a senior counsel responded to a request for an interview.
Constitutional lawyer Kibe Mungai, however, says Gicheru has left a rich legacy.
"The Judiciary now enjoys a high degree of independence as he is not known to directly influence the work of judges and magistrates."
But other lawyers have no kind words for him.
"Under his tenure, some incompetent judges continued to enjoy protection," said a senior lawyer working for the State.
Then there are those who will never forgive him for having presided over the swearing in of President Kibaki for a second term at dusk in December 2007.
Gicheru insists he acted in accordance with the Constitution.
"It was my responsibility to swear in the President," he said in a recent interview. "Once he was told the President is ready for swearing who was I to say no?"
Not corrrupt
Gicheru’s pet subject has been integrity, a message he has repeated to every young lawyer he admitted to the bar.
"While he has come under criticism for the pace of judicial reforms, at least he can not be accused of corruption," said Mr Ahmednasir.
His tenure has seen the opening up of more stations across the country. But as he vacates office, Gicheru leaves behind a bulk of more than one million cases still pending in courts.
His desire to have the Judiciary fully automated is on course.