Panel takes Okwengu to task over her emotions

By David Ochami

Justice Hannah Okwengu disputed accusations that she is hot tempered and rude during the interview for the Deputy Chief Justice post.

These are some of the descriptions of Okwengu in the public court of opinion read to her by a member of the Judicial Service Commission (JSC) panel conducting interviews.

She described herself as "intelligent and analytical" and "a person of integrity" with "excellent communication skills".

She admitted occasional outbursts of anger "when pushed to the wall" but argued that all human beings pass through such motions. She added that she does not promote unfettered judicial activism in order to ensure predictable application of the law.

Okwengu said judges and magistrates are living in fear of the mandatory vetting they are required to undergo as provided for in the new Constitution.

"Judges are working under a cloud of fear due to the coming vetting," said she.

She was the last candidate to be interviewed by the JSC, which also defended questioning of candidates for the posts of Chief Justice and Deputy Chief Justice.

Earlier, civil society organisations told the commission not to recommend candidates for appointment before they are vetted for crimes and professional misconduct.

Forward the names

However, last evening JSC Commissioner Titus Gatere announced that the commission will forward the names to the principals today because "that is what the law requires" and added that the process that ended yesterday does not absolve any judge who might be recommended for these offices from future vetting.

But Mr Gatere, who is also the Public Service Commission chairman, said the interviews were rigorous. "The vetting we have done here is equal to any vetting that can take place. We have gone to great lengths to investigate the (candidate’s) details."

Okwengu, who graduated with a Bachelors Law degree in 1979 and was a deputy director of the defunct Kenya Anti-Corruption Authority, said the main objective of the Supreme Court is to develop constitutional law, including jurisprudence on the rights of certain sex minorities.

She also criticised the Court of Appeal for generating contradictory rulings on similar matters in breach of the principle of stare decicis and blamed this on failure by appellate courts to share judgements.

The judge said the biggest problems in the Judiciary include corruption, delayed justice and demoralised judicial staff.

Public views read by JSC commissioner Emily Ominde depicted her as "humble but firm". She also said the public has described Okwengu as one with a great legal mind but also "hot tempered and openly rude".

Other candidates interviewed for deputy Chief Justice position were High Court judges, Justice Roselyne Nambuye, Justice Martha Koome and Justice Mary Kasango, lawyers Nancy Baraza and Gladys Boss Shollei.