CJ hopefuls revealed as Ocampo 6 depart

Justice Alnashir Visram. Photo/FILE 

By JILLO KADIDA jkadida@ke.nationmedia.com
Posted  Monday, April 4 2011 at 22:36

The names of applicants for the vacant post of Chief Justice were released on Monday, just a day ahead of departure by the Ocampo Six for The Hague where the government is trying to block the case on grounds that a reformed judiciary can competently try at home cases arising out of post-election violence.

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Announcing the names of the 24 applicants for Chief Justice and Deputy Chief Justice, the Judicial Service Commission also said it will short list the applicants on Monday with the aim of conducting interviews in the first week of May.

The applicants for the CJ’s post include eight sitting Kenyan judges, a Ghanaian who previously served on the Kenya High Court, and three lawyers in private practice.

Last week, the government requested the International Criminal Court Pre-Trial Chamber to give it the chance to challenge the cases against the Ocampo Six when they appear at The Hague on April 7 and 8. (READ: Kenya requests ICC cases hearing)

The government committed itself in a timetable in the application to give progress reports on local investigations and prosecutions with a deadline of September 2011.

It further proposed that a Status Conference be convened to discuss the timetable. The application is based largely on recruitment of a new Chief Justice and Director of Public Prosecution, and reform of the Kenya Police.

Those summoned to face accusations at the ICC as key players in the post-election violence are Deputy Prime Minister Uhuru Kenyatta, suspended cabinet ministers William Ruto and Henry Kosgey, Public Service head Francis Muthaura, former Police Commissioner Hussein Ali and radio presenter Joshua arap Sang.

Mr Kenyatta and Mr Ruto have been on a round of public prayer meetings-cum-political rallies ahead of departure for The Hague, culminating in a session on Monday at the former’s Gatundu home. (READ: Uhuru, Ruto hold last rally ahead of Hague visit)

Eyeing the job

The application at the ICC filed last Thursday by two British lawyers under the authority of Attorney General Amos Wako anchors Kenya’s case on the new Constitution and law and order sector reform.

Appeal Court judges eyeing the job of the chief justice are Justices Riaga Omollo, Samuel Bosire, Alnashir Visram and Joseph Nyamu.

Applicants from the High Court are Justices Paul Kihara, Mbogholi Msagha, Kalpana Rawal and Mary Ang’awa.

Also on the lists is Justice Edward Torgbor, a Ghanian who served the Kenya bench in the past; veteran lawyer Lee Muthoga, lately with the Rwanda War Crimes Tribunal; former university lecturer and political prisoner Willy Mutunga, who has served as director of the Kenya Human Rights Commission, and lawyer Timothy Bryant.

Of the 12 applications received for the position of Deputy CJ, only two of the candidates were male.

Those fighting it out for the second highest job in the Judiciary are justices Ang’awa, Roselyne Nambuye, Mary Kasango, Scholastica Omondi, Hannah Okwengu, Martha Koome, Nicholas Ombija and William Ouko.

Others are lawyers Nancy Baraza, Pamela Tutui, Lucy Kambuni and Gladys Shollei.

Minimum qualifications

The names of the 24 candidates were on Monday made public by the Judicial Service Commission acting chairperson Christine Mango.

According to Commission secretary Lydia Achode, the panel will sift through the applications and disqualify those who do not meet the minimum qualifications.

The two positions were advertised in the Kenya Gazette and local dailies on March 4. (READ: Kibaki advertises for post of DPP)

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.

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. The Chief Justice may 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. (READ: Kibaki names new Chief Justice as ODM protests)

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 Justice Daniel Musinga declared the nominations unconstitutional on the grounds that they ignored gender equality and JSC’s role.

This forced the Head of State to withdraw the nominations and start the process afresh.