JSC retreats to name new deputy Chief Justice

Judiciary Chief Registrar Anne Amadi (R) escort Judith Mulama Wanjala (L) out of Supreme Court on 6th October, 2016 after being vetted for the positions of deputy Chief Justice. [PHOTO:EDWARD KIPLIMO/Standard].

The Judiciary commission yesterday completed interviewing aspirants for the position of the Deputy Chief Justice.

After disqualifying the only male candidate for the post, Isaac Rutenberg, for lack of proper academic and legal qualifications, it became clear that the DCJ nominee will be a woman.

In its two-week sitting, the Judicial Service Commission (JSC) interviewed 12 candidates for the position.

Majority of the candidates seeking to replace retired judge, Kalpana Rawal, were drawn from the Court of Appeal bench.

Judges Roselyn Nambuye, Hannah Okwengu, Agnes Murgor, Martha Koome, Wanjiru Karanja, Fatuma Sichale and Philomena Mwilu sit at the Court of Appeal.

The High Court had two candidates; judges Lydia Achode and Abida Ali Aroni, after Pauline Nyamweya pulled out due to ethnic considerations.

From outside the Judiciary, lawyers Joyce Majiwa and Pamela Tutui were the only candidates following the withdrawal of Surinder Kapila.

Chief magistrate Judith Wanjala was the only candidate from the Magistrates Court.

After the interviews, focus now shifts to the JSC team, which according to the Judicial Service Act must forward a name to the President within seven days after conclusion of the interviews.

One headache the commission will grapple with is the issue of regional balance at the Supreme Court, which was set by Justice Nyamweya when she withdrew from the interview on account that a person from her community, Justice David Maraga, has been nominated for the Chief Justice position.

INSIDER TAG

“We need diversity in public service by ensuring that regional and ethnic balance is respected. That is why I decided to withdraw my candidature after realising it is not viable when a person from my community was nominated for the Chief Justice position,” said Nyamweya.

Both the Chief Justice and his deputy sit as Supreme Court judges, and legal experts have argued that the seven judges of the top most court should represent the face of Kenya without one community having two or more representatives.

The Supreme Court currently has four judges representing different communities, with Justice Maraga expected to join them once Parliament approves his nomination.

The Judges are Mohammed Ibrahim, Jacton Ojwang, Smokin Wanjala and Njoki Ndung’u.

The next area to consider will be how to settle the controversy surrounding the “insider” and “outsider” tag among the legal profession.