14 to battle for CJ post as transition beckons at Supreme Court

The race to succeed Chief Justice Willy Mutunga has attracted 14 candidates. The Judicial Service Commission (JSC) closed the window for applications yesterday.

Two Supreme Court Judges, three Court of Appeal judges, one High Court Judge, a senior counsel, a retired judge and two law lecturers have entered the battle to become Kenya’s Chief Justice.

Supreme Court judges Jackton Ojwang’ and Smokin Wanjala, together with Court of Appeal judges Alnashir Visram, Roselyne Nambuye, David Maraga and High Court judge Msagha Mbogholi lead the list of applicants from within the Judiciary.

They will be competing for the position with law scholars and practising advocates led by US-based professor of law Makau Mutua, Strathmore University law don Isaac Rutenberg, Senior Counsel Nzamba Kitonga and retired Judge Aaron Ringera.

Also in the list is lawyer David Mwaure Waihiga who lost in the race to become chairman of Central Bank of Kenya two years ago. The only other lady in the race for the CJ position is Lucy Wanja Julius; a commissioner at the Commission for University Education.

The Principal Administrative Secretary in Deputy President William Ruto’s office, ambassador Daniel Waisiko Wambura, has also applied to become the next Chief Justice.

Little known Kongani Udoto Kongani and Paul Andrew complete the list of the 14 applicants seeking to replace the retired Chief Justice.

According to a statement released by acting JSC chair Prof Margaret Kobia, the position of Deputy Chief Justice is largely an all-women affair except for lawyer David Mwaure Waihiga. Most of them had applied for the same position in the past.

Ten of the 15 applicants are judges – Hannah Okwengu, Abida Ali Aroni, Agnes Murgor, Wanjiru Karanja, Philomena Mwilu, Fatuma Sichale, Lydia Achode, Pauline Nyamweya, Martha Koome and Nambuye. One of the applicants – Judith Wanjala – is a magistrate.

Regional balance

Besides Waihiga, other applicants in the DCJ race who are not serving in the Judiciary include lawyer Surinder Kapila, former Electoral Commission of Kenya (ECK) commissioner Pamela Mwikali Tutui and former Federation of Women Lawyers (FIDA-Kenya) chairperson Joyce Majiwa.

Nearly all applicants of the DCJ post and a few of CJ applicants have also applied for the vacant position of Supreme Court judge. They include Judges Koome, Murgor, Karanja, Mwilu, Nambuye, Sichale, Msagha, Nyamweya, Visram, magistrate Wanjala, Tutui, Dr Rutenberg and lawyer Waihiga.

Judges Isaac Lenaola, Joseph Sergon, Erastus Githinji and Luka Kimaru have applied for Supreme Court judge position alongside Prof Kevin Faustine Mare, John Chebii Kipkoech and Dr Kibaya Laibuta.

Waihiga and Justice Nambuye have applied for all the three positions.

The list came out as it emerged that the dynamics of the Supreme Court composition might technically lock out some applicants who have applied for the CJ and DCJ positions.

It also emerged that ethnic, gender and regional considerations may also have kept out qualified candidates from applying for the positions.

Currently, the Supreme Court comprises of three men and one woman – Justice Ojwang’, Justice Wanjala, Justice Njoki Ndung’u and Justice Mohamed Ibrahim.

Analysts and observers of the patterns of the applications say chances of the JSC picking a new member of the Supreme Court from the same regions as the four judges are slim. Others, however, argue that the issue of regional balance cannot and should not stand in the way of qualified candidates.

“There is nothing wrong with having two people from the same community in the Supreme Court. What we need is a person who is qualified to lead the Judiciary and continue with reforms that the former Chief Justice Willy Mutunga initiated,” lawyer James Mwamu said in an interview with The Standard on Saturday.

Uphill task

The lawyer however admits that JSC will have an uphill task to have the face of Kenya represented in the Supreme Court.

Lawyer Edwin Sifuna insists that the Supreme Court must reflect the face of Kenya and represent its diversity by not having more than two members in the seven-member bench from one region.

“The seven (Supreme Court judges) must represent the face of the country. It will be difficult to fill these positions with people from one region,” Sifuna said.

Yesterday, Prof Kobia said the JSC will convene on Monday to open the applications and review them for completeness and conformity with the necessary requirements. The review will last two weeks.

They will then undertake verification of the applicants’ information with their referees and former employers within 21 days.

“Although the commission has 30 days to conduct the reference checks, the background investigations and verifications may continue until the time the commission votes on its nominees for the respective positions,” Kobia said.

She also assured that the commission will invite members of the public to avail any information of interest to the commission in relation to any of the applicants.

“The JSC wishes to reiterate that in recruiting the Chief Justice, Deputy Chief Justice and Supreme Court Judge, the Commission will be strictly guided by constitutional principles and best practices, and shall conduct the exercise in a fair, just and transparent manner.”