JSC scouts out Baraza replacement

Written By:David Mwanje/Dzuya Walter,    Posted: Thu, Nov 08, 2012

Anyone eyeing the position must among other things be an advocate of the High Court of Kenya Few days after the resignation of former Deputy Chief Justice Nancy Baraza for fears she may not get justice from the judiciary after all, the Judicial Service Commission (JSC) is scouting for her replacement. Baraza was declared unfit to hold office by the tribunal appointed to probe her conduct following her altercation with Rebecca Kerubo, a security guard at the village market. And as the Judicial Service Commission in a paid up advertisement scouts for her replacement, the Law Society of Kenya Chairman Eric Mutua says the position is for ladies to take. This especially so because out of the six members of the supreme Court namely, Chief Justice Williy Mutunga and judges Dr. Smokin Wanjala, Mohammed Ibrahim, Njoki Ndung'u,  Jackton Ojwang and Phillip Tunoi, only one is a woman. Yet article 81 (b) states not more than two thirds of the members of elective public offices shall be of the same gender. Anyone eyeing the position must among other things be an advocate of the High Court of Kenya, have at least 15 year's experience as a superior court judge, or distinguished academic or legal practitioner, meet the requirements of Chapter six and have good temperament. Elsewhere, the Supreme Court has granted an application by three civil society bodies to be enjoined into a case in which the attorney general has sought advisory opinion on the implementation of the gender rule at the national and county level. The Attorney General's office also sought advisory opinion on the perceived constitutional vacuum on how election disputes will be solved if any at the first round.   The AG argues that unlike in the resolving of the dispute in the second round the law has remain silent on what would done if such a dispute arose in the first round. The Supreme Court will on Wednesday next week hear the case in which the AG is seeking advisory opinion on the gender rule on the implementation of the two third gender rule at the county and national levels and on the perceived constitutional vacuum on the resolution of electoral dispute in the first round on the 14th of November. Centre for Rights and Education of Women, Center for Multiparty Democracy and FIDA are among the respondents who were enjoined in the case. Elsewhere, high court will hear case surrounding the controversy around the top management at the Kenya Tourist Board (KTB) on the 16th of this month. However high court judge Weldon Korir declined to give orders sought by Kenya Tourism Federation despite the conflicting appointments by tourism Minister Dan Mwazo and Head of Public Service Francis Kimemia. Kenya Tourism Federation, an umbrella body for private sector players in the tourism industry, argue that the minister acted in bad faith by appointing Jacinta Nzioka as acting managing director of the tourism marketing body. However through his lawyer George Kithy the minister argued that the case is not proper before the court adding that the federation should have move to a tribunal before approaching the court.