PHOTO/STEPHEN MUDIARI Chief Justice Dr Willy Mutunga speaks to Ahmednassir Abdullahi and Emily Ominde during the vetting of judges at Anniversary Towers in Nairobi, July 4, 2011.
By PAUL JUMA pjuma@ke.nationmedia.com
Posted Monday, July 4 2011 at 22:30
Posted Monday, July 4 2011 at 22:30
Chief Justice Willy Mutunga on Monday joined the Judicial Service Commission panel, which previously scrutinised him, as recruitment of judges began.
The commission shortlisted 115 candidates, but only 26 will be hired after the interviews, which are expected to end on August 10.
On Monday, the panel interviewed lawyer Charles Kariuki Mutungi, magistrate Joshua Kiarie and Housing Finance company secretary Joseph Kamau Kania, Mrs Stella Munai Muketi and Mr Abuodha Joram Otiende.
Mr Mutungi, whose firm is in Meru, was hard-pressed to explain his role in an incident where lawyers in that area boycotted High Court judge Murugi Mugo, who had been posted there.
According to the panel, the incident touched on the attributes of fairness, open-mindedness and impartiality, which are required of a judge.
Did he exhibit those qualities when he participated in the boycott? He explained that they had learnt that there were “massive complaints” against the judge in her previous stations.
The transfer was being done even before the complaints against her in Nakuru were resolved, and lawyers in Meru did not like that, he added.
Therefore, the strike was a “pre-emptive act”. Mr Mutungi is chairman of Mount Kenya Law Society.
Magistrate Kiarie was asked to defend the language in his judgments after panellist Florence Mwangangi pulled out one where he used the words “a clown” and “jester” to describe a witness.
Abuse of witness
The judge had dismissed the witnesses’ evidence, which he called an “unpleasant gimmick” and a “jigsaw puzzle”.
He was required to explain why he did not think that such language, which “borders on abuse of a witness”, according to Dr Mutunga, is insulting and intimidating to witnesses.
The magistrate said that it was necessary to explain to witnesses why their evidence was not being considered, but added that sometimes he used certain words to lighten up a judgment.
He told the panel that the witness had brought to court a wooden cross that was meant to be erected on a grave.
The magistrate studied Law at the University of Nairobi and is studying for a Master of Arts in Project Management degree at the same university.
Mr Kania, had a different headache; he was to prove that he was fit to be hired as a High Court judge even without substantial court experience.
The JSC panel was concerned that he had only one year’s experience as an active litigation lawyer, but more than 20 in the corporate world.
He said that his work includes being present in court to listen to judgments of commercial matters involving Housing Finance.
He added that he also attends court regularly to see the cause list and give necessary instructions to their lawyers.
Mr Kania said that he decided to apply so as to offer himself a chance of career growth.
If hired, he plans to rise to the Court of Appeal and finally to the Supreme Court. He holds a law degree from the University of Nairobi.
If hired, he plans to rise to the Court of Appeal and finally to the Supreme Court. He holds a law degree from the University of Nairobi.
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