Akech defends fiery tweets during Court of Appeal interview

Prof Migai Akech was questioned on Monday about his temperament, following concerns raised over his social media posts.

The 53-year-old was the first of 35 shortlisted candidates to be interviewed by the Judicial Service Commission (JSC) for 15 advertised positions on the Court of Appeal.

Despite a decorated academic career praised by JSC commissioners, Akech’s fiery posts and comments raised questions about his suitability for the position.

He defended his tweets, saying that in a democracy, such as Kenya, vibrant engagement, including humour and wit, is essential. He added that he would stop posting if appointed.

Caroline Nzilani, a public representative on the commission, told Akech that members of the public had raised concerns about his manner of expressing opinions and engaging on X. “Others feel you do not take other people’s ideas seriously,” she said, and that some felt he condescendingly addressed colleagues.

Akech replied that he engages with a sober mind and seeks forgiveness when overboard. “I am an active citizen. Democracy cannot be practised unless citizens engage robustly. As a professor of public law and democracy, I am also a public intellectual. When issues arise, I believe it is my responsibility to respond responsibly. In social media, there has to be some humour; that is what I am attempting,” he said. He added that a letter that appeared online was intended for colleagues and related to his journey in law academia.

Chief Justice Koome asked how he would relate to other Court of Appeal judges, given the ‘strong’ views evident on social media. “What do you understand about emotional intelligence, and how will you work collegially when others have differing approaches?” she asked.

Akech said one should advance a position, but remain open to persuasion. “No single person is a paragon of knowledge,” he said, adding that one must put themselves in others’ shoes.

Koome noted that he reportedly reacted poorly when colleagues congratulated him on his achievements. Akech explained that he faced frustration while advancing in academia, but said it was an isolated incident not meant for the public. “The path to the top of the academic ladder is challenging. When deserved recognition is repeatedly denied, it is understandable that frustration arises. This happened over seven years, but it was isolated,” he said.

The professor said he was ready to take up the position, citing examples of scholars, such as Prof Jackton Ojwang, Dr Smokin Wanjala, and the late Prof Otieno Odek, who made significant contributions to the judiciary.

Born in 1972, Akech holds a PhD from New York University and has taught law at the University of Nairobi.

He stated that he has never been bribed, has never bribed anyone, and has never encountered solicitation of bribes in the judiciary, though he acknowledged claims of corruption.

Akech, a footballer, has also worked as an expert on international trade law, corruption, accountability, police reforms, justice sector reforms, prosecutorial reforms, legislative reforms, and transitional justice. He has served national and international organisations, including the African Union (African Peer Review Mechanism), the International Development Law Organization, and the United Nations Economic Commission for Africa.

He said he is known for making his classes student-owned sessions rather than one-way lectures, encouraging active participation and engagement.