JSC team rigged me out of the CJ position: Ngatia

Senior Counsel Fredrick Ngatia at the Supreme Court building when he was interviewed for the position of Chief Justice on Tuesday, April 20, 2021. [Collins Kweyu, Standard]

Opinion is divided within the legal circles on the choice of Lady Justice Martha Koome as Chief Justice as some candidates cried foul over the selection process.

Fred Ngatia alleged that he was rigged out through collusion of some Judicial Service commissioners who altered the final scores to lock him and other candidates from succeeding Justice David Maraga.

“I am thankful to the JSC commissioners who truthfully graded me high in the region of 80 per cent to 95 per cent marks. I only have pity for the commissioners who sacrificed their souls by altering my grades to achieve the outcome of the final nomination,” said Mr Ngatia.

Another candidate who requested not to be named said he doubted the JSC grading process, and was surprised when the commission announced Justice Koome as their choice, stating that there might have been a predetermined outcome and that the interview process was just a formality.

Whereas some lawyers celebrated Justice Koome’s nomination, saying she was suitable to be the first female Chief Justice, others questioned her past decisions and impartiality in handling issues of women and children rights.

Lawyer Angela Mwadumbo said the CJ-designate had what it takes to lead the Judiciary, and that her nomination was an answered prayer for the women who had waited for long to have one of them lead an arm of the government.

However, human rights activist Okiya Omtatah said the JSC erred by settling on Koome when they had candidates with better track records.

Martha Koome is interviewed for the position of Chief Justice at the Supreme court buildings on Wednesday, April 14, 2021. [Collins Kweyu, Standard]

The activist claimed the CJ-designate had a bias towards women, and that she was part of the bench that, in the 2017 repeat presidential election, allowed the electoral commission to proceed with the election despite a High Court ruling that had nullified appointment of returning officers.

Law Society of Kenya Nairobi branch chair Eric Theuri said Koome would have to work extra hard to prove that the JSC made the right decision.

“There are very high expectations given that she is carrying the hopes and aspirations of women in this country. She will be under the microscope since people will be checking to see if she can perform better that her male predecessors,” said Mr Theuri.

Understands Judiciary

According to Theuri, Koome understands the Judiciary, having been a judge for 18 years, and has done some outstanding work that makes her competent for the job.

The Council of Governors has sent a congratulatory message to Koome, saying she is an ardent human rights defender, a spirited and brilliant legal mind and a woman of many firsts who deserves the position.

The dispute over grading of the 10 candidates interviewed for the position of CJ has already spilled to courts, with United States-based law scholar Makau Mutua and Katiba Institute filing a petition to compel JSC to disclose how they graded all the contestants.

Another petition that stopped the commission from proceeding with the interview before the orders were lifted by the Court of Appeal had sought orders to compel the JSC to make public all grading and ranking of the candidates.