Registrar of the High Court Lydia Achode swears in then Chief Justic Evan Gicheru during the promulgation of the new Constitution at Uhuru Park in Nairobi on August 27, 2010. Mr Justice Gicheru’s term at the helm of the Judiciary expired on February 27, 2011. Photo/FILE
Registrar of the High Court Lydia Achode swears in then Chief Justic Evan Gicheru during the promulgation of the new Constitution at Uhuru Park in Nairobi on August 27, 2010. Mr Justice Gicheru’s term at the helm of the Judiciary expired on February 27, 2011. Photo/FILE
By JILLO KADIDA (jkadida@ke.nationmedia.com)
Posted Monday, March 28 2011 at 14:13
The body that oversees Kenya's judicial system has confirmed lawyers have applied for the positions of Chief Justice and Deputy Chief Justice.
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The applications will be opened on April 4 when short-listing starts, the Judicial Service Commission confirmed soon after meeting on Monday.
“We had a good meeting and we can confirm that we have received 24 applications for the jobs of Chief Justice and Deputy Chief Justice. We have not yet opened the applications,” said Prof Christine Mango, a member of the JSC.
The meeting came immediately after the 21 days deadline for application of the jobs expired.
The two positions were advertised in the Kenya Gazette and all local daily newspapers on March 4.
Under the Constitution, a person applying for the job of Chief Judge should have 15 years experience as a superior court judge.
Alternatively, the candidate should have at least 15 years’ experience as a distinguished academic, judicial officer or legal practitioner.
A previous attempt at replacing Mr Justice Evan Gicheru stalled after President Kibaki and Prime Minister Raila Odinga failed to agree on the President’s nomination of Mr Justice Alnashir Visram.
Consultations
The President had nominated Mr Justice Visram as Chief Justice, Prof Githu Muigai as Attorney-General and lawyer Kioko Kilukumi as the Director of Public Prosecutions. The President had also nominated Mr William Kirwa for the post of Controller of Budget.
However, Mr Odinga claimed he had not been consulted as required by the Constitution and the National Accord.
The JSC and the Committee on Implementation of the Constitution joined in, saying the nominations were unconstitutional because the provisions under the Constitution were never followed.
The President was accused of failing to involve the JSC, which is the body mandated under the Constitution to give recommendations of those to be nominated.
The controversy ended up in court after which High Court judge Daniel Musinga gave a ruling declaring the nominations unconstitutional on the grounds that they ignored gender equality and JSC’s role.
Parliamentary speaker Kenneth Marende also ruled that President Kibaki did not follow the law when nominating the four, a more which effectively blocked any chances that the names could be approved by MPs before appointment as required by the Constitution.
This forced the Head of State to withdraw the names of the nominees and start the process afresh.
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