Bosire apologies split JSC commissioners

Thursday, 05 May 2011 00:06 BY PAMELA CHEPKEMEI

INTERVIEWED: Appeals court judge Justice Samuel Bosire when he appeared before the Judicial Service Commission.

 Judicial Service Commissioner Ahmednasir Abdullahi yesterday differed with his fellow commissioners for what he said was uncalled for apologies to a Court of Appeal judge who was being interviewed for the post of Chief Justice.
Abdullahi, who is one of the seven commissioners, told his colleagues they did not have to apologise to Justice Samuel Bosire on his behalf. One of the commissioners had to tell the judge that a decision on the applicants for the post would be made collectively by the members of the JSC and not by an individual.
Abdullahi had been tasked to interview the judge on some of the pronouncements by the Court of Appeal on cases where he was among the bench. All the members of the commission told the judge in turn that there was nothing personal on the questions asked by Abdullahi.
After all the commissioners had told Bosire that he should not feel uncomfortable, Abdullahi hit back saying he had no apologies to offer to the judge.
It all began when Emily Ominde, a member of JSC,  told the judge that he should not take anything personal.  The  JSC  chairperson Prof Christine Mango made similar remarks.
Prof Mango: Judge, I would like to assure you there is nothing personal here. When you asked to be appointed as Chief Justice, you have asked to be exposed to the glare of this commission. Please don’t take anything personal. Rest assured there is no adversarial attitude towards you.
Titus Gateere: In my culture there is a saying that when you want to have a bath you must remove your clothes.
Judge Bosire: I had at the background of my mind what counsel (Abdullahi) had written about me elsewhere. And one begin to feel it may be a futile exercise after all.
Abdullahi: I don’t think people should apologise for me. Why should commissioners apologise on my behalf? It is wrong for commissioners to apologise for me. I personally have no apologies to make.
Amos Wako: First of all let me say that I don’t think that the commissioners were apologising. They were trying to explain the role played by each one of them.
 The lawyer also took issue with Justice Bosire’s academic qualifications from the University of Nairobi. The judge had told the panel that he was a holder of LLB degree second class, lower division honours.  Abdullahi told him it was the equivalent of an aggregate of C minus within the Kenya Certificate of secondary Education.