File | NATION Members of the Judicial Service Commission, from left Attorney General Amos wako, Mr Ahmednasir Abdullahi, Prof Christine Mango and Mr justice Isaac Lenaola when they invited applications for the position of Chief Justice.
By JILLO KADIDA jkadida@ke.nationmedia.com
Posted Monday, March 28 2011 at 22:00
Posted Monday, March 28 2011 at 22:00
In Summary
- Judicial service team kicks off the process of filling top Judiciary jobs and will begin sorting applications on Monday next week
Four Court of Appeal judges are among the 24 applicants for top Judiciary jobs, the Nation has learnt.
And the shortlisting of candidates for the position of Chief Justice and Deputy Chief Justice starts next Monday.
The Judicial Service Commission (JSC) did not name the applicants on Monday, saying it was yet to open the applications.
“We had a good meeting and we can confirm that we have received 24 applications for the jobs of Chief Justice and Deputy Chief Justice. We have not yet opened the applications,” said Prof Christine Mango, a member of the JSC, after a meeting at the High Court.
Court of Appeal judge Riaga Omollo did not attend the meeting because, according to the commission, he is interested in the position of Chief Justice.
The meeting came immediately after the expiry of the 21-day deadline for applying for the job.
The two positions were advertised in the Kenya Gazette and local dailies on March 4.
Under the Constitution, applicants should have at least 15 years’ experience as a superior court judge, distinguished academic, judicial officer or legal practitioner.
They are also expected to have high moral character, integrity and impartiality and to demonstrate high degree of professional competence, communication skills, fairness and good temperament.
Determine suitability
For those who have already served in the Judiciary, their judgments will play a key part in determining their suitability.
They should also be committed to public and community service, among other things.
After conducting interviews, the JSC will make recommendations to the Head of State who will in turn appoint the Chief Justice after approval by Parliament. According to the Constitution, the Chief Justice will serve for 10 years subject to a retirement age of 70.
The process of replacing Mr Justice Evan Gicheru stalled after President Kibaki and Prime Minister Raila Odinga failed to agree on the President’s nomination of Mr Justice Alnashir Visram.
The President had nominated Mr Justice Visram as Chief Justice, Prof Githu Muigai as Attorney-General, Mr Kioko Kilukumi as the Director of Public Prosecutions and Mr William Kirwa as Controller of Budget.
However, Mr Odinga said he had not been consulted as required by the Constitution and the National Accord.
The JSC and the Committee on Implementation of the Constitution joined the debate, saying the nominations were unconstitutional. The President was also accused of failing to involve the JSC, which is mandated to oversee judicial appointments and operations.
The controversy ended up in court where Mr Justice Daniel Musinga declared the nominations unconstitutional on the grounds that they ignored gender equity and JSC’s role.
This forced the Head of State to withdraw the nominations and start the process afresh.
Those who were present at yesterday’s meeting were Prof Mango, Attorney-General Amos Wako, High Court judge Isaac Lenaola, lawyer Ahmednasir Abdullahi, High Court Registrar Lydia Achode, magistrate Emily Ominde and Mr Titus Gatere of the Public Service Commission.
Mr Justice Omollo, Bishop Anthony Muheria and lawyer Florence Mwangangi did not attend.
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