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| Justice Phillip Waki has defended his move to hand the 'Waki envelope' to Kofi Annan before the JSC |
The Judicial Service Commission (JSC) has on Monday begun the public vetting of judges to the newly created Supreme Court.
The exercise kicked off as scheduled and currently Justice Phillip Waki is on the spotlight to defend his suitability to serve as a Supreme Court judge.
Attorney General Amos Wako asked Waki why he thought he can handle being a Supreme Court judge owing to his lack of certification in constitutional law, which is the key mandate of the Supreme Court.
Waki defended his candidature saying his 25-year experience as a High Court judge has given him a wide experience as he has had to handle many constitutional cases which informed him a lot on the matter.
He further added that he would use his free time to enroll in course on constitutional law so as to strengthen his expertise.
On the handling of the Waki envelope that was forwarded to African Emminent Personality Dr. Koffi Annan before sharing it with the two Principals, Waki defended his decision, saying his commission was tasked to fight impunity and this was the best decision.
He added that the gesture by the two principals to accept the report later was an indicator that he had not erred by passing the report to Annan first.
Other candidates to be vetted today include Emmanuel O'Kubasu and Prof. James Odek
Candidates for Supreme Court
26 judges including the eight who were interviewed for the position of the chief Justice are lined up for vetting to serve in the supreme court which should be in place by August 26th.
Those who failed the cut for CJ are 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.
Other candidate for the Supreme Court 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.
The 26 candidates of 16 men and ten women also includes 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.
Supreme Court Bill
Parliament last Thursday began debate on the Supreme Court bill which came in the wake of scheduled interviews for judges.
Justice minister Mutula Kilonzo fast tracked debate on the bill by reducing the time it is expected to be scrutinized by the justice committee from 10 to 8 days.
The bill seeks to provide for a legislative framework to operationalize Article 163 which establishes the supreme court.
The functions of the supreme court will be to among others interpret the constitution in a fair manner, develop rich jurisprudence that respects kenya's history, and enable important constitutional and other legal matters including those relating to the transition from the former to the present constitution.
The bill also provides for the creation of the office of the registrar of the supreme court providing for its powers and functions and empowers the Supreme court to deal with disputes arising out of presidential elections.
It is one of key bills related to constitutional reforms in the judiciary.
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