Friday, August 26, 2011

Kenya Supreme Court finally gets down to work



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President Kibaki (centre) with the newly appointed Supreme Court Judges (standing) during their swearing-in ceremony at State House, Nairobi August 26, 2011. Also in the picture are from left: Chief Justice Willy Mutunga, Vice President Kalonzo Musyoka, Prime Minister Raila Odinga and House Speaker Kenneth Marende and High Court Registrar Gladys Shollei (far right, standing). PPS
President Kibaki (centre) with the newly appointed Supreme Court Judges (standing) during their swearing-in ceremony at State House, Nairobi August 26, 2011. Also in the picture are from left: Chief Justice Willy Mutunga, Vice President Kalonzo Musyoka, Prime Minister Raila Odinga and House Speaker Kenneth Marende and High Court Registrar Gladys Shollei (far right, standing). PPS 
By BENJAMIN MUINDI, bmuindi@ke.nationmedia.com
Posted  Friday, August 26  2011 at  09:52
IN SUMMARY
Composition of the Supreme Court:
  • The Chief Justice - shall be the president of the court
  • Deputy Chief Justice - shall deputise the CJ as the vice president of the court
  • Five other judges
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Kenya's first ever Supreme Court has been fully constituted following the swearing-in of five judges at State House, Nairobi Friday.
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The five judges- Jackton Ojwang', Philip Tunoi, Ibrahim Mohammed, Smokin Wanjala and Njoki Ndung'u- took the oath of office in a ceremony witnessed by President Kibaki.
The swearing-in ceremony was conducted by the Registrar of the High Court Gladys Shollei.
The judges immediately declared that determining the date for the general election would be their first assignment while in office.
“We may be forced to solve the matter immediately even before the rules to operationalise the Court are finalised because of the urgency of the matter,” said Justice Mohammed.
Congratulating the judges, President Kibaki expressed optimism that they will dedicate themselves to the promotion of justice in the country and serve Kenyans without fear or favour.
He pointed out the ongoing reforms in key institutions had secured the country’s future.
"With all these reforms that we are implementing now, I am quite sure that the country will make good progress,” President Kibaki said.
A part of its mandate will be to interpret the Constitution, determine presidential election petitions and advise both the national and county governments on various issues.
“Nobody has been mandated to interpret the Constitution and give directions expect for the courts, and all the issues should finally come to the Supreme Court,” said Judicial Service Commission’s Ahmednasir’s Mohammed.
Speaking after unveiling their chambers, Mr Mohammed said the Supreme Court would be operational in a month’s time when Chief Justice Willy Mutunga completes writing the rules to guide the court.
The swearing-in ceremony was also witnessed by Prime Minister Raila Odinga, Vice-President Kalonzo Musyoka, several Cabinet Ministers, Chief of the Defence Forces Gen. Julius Karangi, Chief Justice Willy Mutunga and the Head of Public Service Francis Muthaura among other senior government officials.
The other members of the Court are Chief Justice Willy Mutunga and his deputy Nancy Baraza.
After the brief ceremony, the judges headed to the High Court to officially open the Supreme Court offices, a Presidential Press Service statement said.
The five judges assumed office after the High court dismissed a case challenging their appointment.
The judges have not taken office because six women lobby groups obtained temporary orders stopping them from being sworn in and taking office in June.

“The charge of constitutional impropriety levelled against the JSC is without any evidential basis and therefore misconceived and unfounded,” the court said.A three-judge bench threw out the case where the groups accused the Judicial Service Commission of gender discrimination in appointing the five.

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