Kibaki appoints five Supreme Court Judges

Written By:PPS/Irene Muchuma/Glena Nyamwaya,    Posted: Thu, Jun 16, 2011

President Mwai Kibaki (L) and Prime Minister Raila Odinga (AP Photo)

President Mwai Kibaki in consultations with PM Raila Odinga have Thursday appointed Hon. Mr. Justice Philip Kiptoo Tunoi, Hon. Mr. Justice Jackton Boma Ojwang', Hon. Mr. Justice Mohamed Khadhar Ibrahim, Ms. Njoki Ndungu Susanna, and Dr. Smokin Wanjala as Judges of the Supreme court .

This they said was "Upon recommendation of the Judicial Service Commission and after due consultations and subject to articles 166(1) (b) and 163(1)(c) of the Constitution"

The Judicial Service Commission (JSC) Wednesday picked the five persons for appointment to serve in the first ever Supreme Court in the country. 

The five include former KACC assistant director Dr. Smokin Wanjala, former nominated MP Njoki Ndungu, Court of Appeal Judges Justice Phillip kiptoo Tunoi, Justice Jackton Boma Ojwang and Justice Mohammed Khadhar Ibrahim.

The painstaking process saw the JSC scrutinized 25 applicants for the five available slots in an exercise that took a whole week.

Lawyer Njoki Ndung'u, the architect of the Sexual Offences Act, was one of the candidates to face the wrath of the interviewing panel, being taken to task over her political background and commitment to reforms.

The JSC made inquiries over her political career as ground for potential conflict of interest in her decision-making if nominated.

She was also at pains to defend herself on allegations that she tried to sabotage the Committee of Experts in drafting the new constitution.

But she emerged victor getting the JSC's nod of approval as the only woman to serve in the country's highest court.

Unlike the Chief Justice, Deputy Chief Justice and Director of Public Prosecution nominees, the five nominees escaped further scrutiny, with their names presented to the President for appointment in accordance with Article 166(1)(b) of the constitution.

The Article exempted them from parliamentary approval.

The five candidates will sit in the Supreme Court which will be charged with the interpretation of the Constitution and have exclusive original jurisdiction to hear and determine disputes relating to the elections to the Office of the President.

The Supreme Court shall also hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation.

The court will comprise seven judges including the Chief Justice, who will serve as the President and the Deputy Chief Justice as its Vice President.

JSC ignored gender equality

The Federation of Women Lawyers (FIDA) termed the (JSC's decision on the nominees for the Supreme Court of Kenya FIDA as a flagrant disregard of the Constitution and the Judicial Service Act.

In a statement, FIDA outline that "the JSC has not only contravened the Constitution and the law by nominating only one woman to the Supreme Court of Kenya, but also disregarded the historical marginalization of women in the higher echelons of the Judiciary."

The gender activist group said that the JSC had failed Kenyans by ensuring that it only nominates one woman to the Supreme Court essentially making the highest organ in the judiciary unconstitutional.

This FIDA said was by violating Article 27(8) of the Constitution and further failing to carry out one of their key functions, that is promotion of gender equality as prescribed in article 172 (2) (b).

FIDA Kenya further pointed out that to date, there is no single woman serving in the Court of Appeal and the move by the JSC appeared to be a further demonstration of the blatant disregard of gender equality.

The group has threatened to move to court to block the nomination urging that it was on contradiction with the constitution of Kenya, 2010 and the Judicial Service Act, 2011