Supreme Court judges to know fate

By Judy Ogutu

A Constitutional Court is Thursday expected to deliver judgement in a case filed by six women lobby groups challenging the appointment of Supreme Court judges.

Federation of Women Lawyers Kenya, Centre for Rights Education and Awareness, the League of Kenya Women Voters, Women in Law and Development in Africa, Caucus for Women Leadership, and Coalition on Violence Against Women are challenging the appointment of the five judges.

The five judges are Philip Tunoi, Jackton Boma Ojwang’, Mohamed Ibrahim, Dr Smokin Wanjala and Ms Njoki Ndung’u.

The lobby groups told High Court Judges John Mwera, Mohamed Warsame and Philomena Mwilu that more male judges than women were picked contrary to provisions of the Constitution.

They contend that when the Judicial Service Commission (JSC) recommended the five judges for appointment by President Kibaki, it breached the Constitution, which states that not more than two-thirds shall be of the same gender.

The lobby groups also argue that if provisions of Article 27 of the Constitution were to be followed and female gender were to be lesser represented in the Supreme Court, then at least one-third or 33.3 per cent of the membership of the court be women and 66.7 per cent be men.

Through their advocate, Mr Elisha Ongoya, the women lobby groups argued that JSC was under constitutional duty to ensure that in the final analysis of its recommendation, no gender falls below 33.3 per cent, and no gender exceeds 66.7 per cent.

In response to the case, JSC said the five Supreme Court Judges were lawfully appointed as provided for in the Constitution.

The commission also submitted that it has no statutory mandate or jurisdiction to reconsider its nominees after the names are submitted to the President.

Through its advocate, Mr Paul Muite, JSC has maintained that all applicants were treated equally and considered on merit.