Wednesday, May 18, 2011

JSC to interview judges for Supreme Court

By Wahome Thuku
Eight judges who failed to secure the position of the Chief Justice and the deputy are now set to go though another round of grilling, this time for five posts in the Supreme Court.
Court of Appeal judges Riaga Omolo, Alnashir Visram, Joseph Nyamu and High Court counterparts Hanna Okwengu, Mary Ang’awa, Msagha Mbogoli, Kalpana Rawal and Martha Koome will go before the Judicial Service Commission for interviews mid next month.
Justice Waki will be the first to go before the JSC panel on June 6. The eight judges who were interviewed for the CJ and DCJ positions will only appear before the commission on the last two days, June 13 and 14.
The eight, are among 25 candidates (16 men and nine women) short listed for appointment to the Supreme Court.
Other include Court of Appeal judges Philip Waki, Emmanuel O’Kubasu, Philip Tunoi and Erastus Githinji, High Court judges Muga Apondi, Mohamed Ibrahim, Ruth Sitati, Jackton Ojwang and Jessie Lesiit.
Candidates
Others are former nominated MP Njoki Ndung’u, Lady Justice (Rtd) Violet Mavisi who headed the Independent Constitutional Resolution Court, Prof James Odek, Dr Smokin Wanjala, Mr Kathurima M’Inoti, Prof Phoebe Okowa, Anthony Adera and Wilfred Nderitu.
Waki made a name as the first judge in Kenya to be investigation for alleged misconduct. He was cleared of the allegations and returned to the judiciary. He later became a household name after successfully leading a commission that investigated the 2007 post election violence, coming up with the popular "Waki list" of suspects.
Prof James Odek is the new dean, School of Law at the University of Nairobi’s School of Law. Dr Wanjala is a former Kenya Anti Corruption Commission deputy director, while Mr M’Inoti is the Law Reform Commission chairman. Mr Nderitu is a former ICJ-Kenya chairman
Prof Phoebe Okowa is a law scholar at Oxford University. The Constitution creates the new Supreme Court with the CJ as President, deputy CJ and five other judges. The court should be in place by August.

5 comments:

  1. I was even shocked that wife batterers(Fida aware of this) like Justice J.B Ojwang made the final list.His ex-wife Hellen suffered during the separation and final divorce where she was screwed out of the divorce settlement.He had already started cohabiting with his Current wife Collete Suda way before his divorce.Right now Hellen has no home.Yet-Ojwang owns a palatial mansion in Runda-which she never got part off.Including the fleet of cars.He beat her often during the separation-and the worst was when he chased her together with their daughter out of the house because their daughter had given birth and he was not aware.Is this the person we want to elevate to a Supreme Court Judge?Dont let anything fool you!!Let him not deceive you with the degrees!!Back at the University where he was Dean before he was appointed-he was just a bad administrator-students riots-the students almost burnt his car.Those were his finall moments at UON.Then his friends in the newly elected Kibaki regime plucked him out and gave him a gown-Voila!A judge.

    Many forget that his name was mentioned during the downfall of Dr Margaret Gachara who was at the helm of NACC.The standard wrote on the 29th April 2005;

    'Nairobi — A High Court judge and a top Law Society of Kenya official are among prominent personalities paid millions of shillings by the National Aids Control Council (Nacc).

    A report by the Efficiency Monitoring Unit (EMU) says Justice Jackton B. Ojwang and LSK chairman Tom Ojienda were unprocedurally contracted as legal consultants for the Nacc Legal Task Force.'

    Ojwang never responded to this-never fought to clear his name.As it is,he is among the people who received money through corrupt channels...This is not the person to hire-im even shocked he was hired in the first place!!!

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  2. I am concerned some people like Njoki Ndung'u could end up a Supreme Court judge. Although she a well established legal practitioner, she is also a well known female chauvinist. How would she be expected to arbitrate on matters concerning the genders, divorce and such? She would obviously and clearly favour women. No man would feel safe to be judged by such an openly feminist judge. Would any woman accept that her divorce proceedings be handled by a men rights campaigner like, say, a member of Maendeleo ya Wanaume?

    When she was a nominated MP, Ms Ndung'u drafted the Sexual Offences Act which proposed stiff penalties on sex offenders. Her agenda was clearly to punish men. In her mind, only men can rape, defile children, and sexually harass their colleagues. It was only the sober minds in Parliamnt that forced the inclusion of the clause that an offender can also be a woman. And also that anyone who gives false information will be liable to punishment similar to the offence complained of. I remember women activists arguing that women would be "victimised" by that clause. Jeez, how would someone who lies that they have been raped or sexually harassed be victimised? Men, of course, welcomed the clause as insurance against extortionists. Of course, the extortionist can also be a man. My point is the law ended up being gender-neutral, contrary to the intentions of Njoki Ndung'u.

    To be fair to all, only those with balanced and sober opinion on important current issues like morality, political leaning, ethinicity, human rights and now gender equality should be allowed to judge their fellow humankind. Njoki Ndung'u is not one of them.

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  3. Don't be afraid. Everything will be alright.

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