Koome breaks ceiling in Judiciary as women rise against odds

Chief Justice nominee Martha Koome at the Supreme court building during the interviews. [Collins Kweyu, Standard]

Fifty-eight years since independence, a woman of firsts has been nominated to head the Judiciary. And if approved by Parliament, Justice Martha Koome will make history as Kenya's first woman CJ, breaking the glass ceiling in a male-dominated field.

She was unanimously nominated by the Judicial Service Commission (JSC) as announced by the panel chairperson Prof Olive Mugendi. Over the years, the Executive, the Judiciary and Legislature have been dominated by men.

The appointment of the CJ is an interesting chapter in Kenya’s democratic journey from the colonial period until 1968 when the first African the late Justice Kitili Mwendwa took over.

Since then men have held the position despite women showing interest. If appointed, Justice Koome will also be the first female CJ in East Africa and the sixth in Africa.

She joins a list of women who have broken the ceiling in leadership like governors Ann Waiguru (Kirinyaga) and Charity Ngilu (Kitui) and the late Joyce Laboso (Bomet).

The late Laboso was the first Deputy Speaker of the National Assembly. Four women senators have also made history: Susan Kihika (Nakuru), Margaret Kamar (Uasin Gishu), Fatuma Dullo (Isiolo) and Agnes Kavindu.

Prof Kamar is the first Senate Deputy Speaker, while Dullo is the first Deputy Majority Leader.

The Uasin Gishu senator rose to the position after Tharaka Nithi Senator Kindiki Kithure was de-whipped and Kihika was replaced as Whip by Murang’a Senator Irungu Kang’ata who has since been replaced by Kiambu Senator Kimani Wamatangi, the same fate befell Cecily Mbarire (nominated) who was replaced by Maoka Maore as National Assembly Deputy Majority Whip.

Koome was appointed a High Court judge in 2003. In 2016, she unsuccessfully tried to succeed Kalpana Rawal as the Deputy Chief Justice.

Deputy President William Ruto said: "Koome's nomination shows Kenyans faith in women leadership."

Narc Kenya party leader Martha Karua in her message said: “Congratulations Martha Koome, the JSC unanimous decision is not only momentous but also of great significance to the country.”

Governor Waiguru said: “No doubt the present is female! Your win is yet another clear show that Kenya is indeed ready for female leadership and we are not short of capable & willing women. When one woman wins, all women win!

Governor Ngilu said: “A fortnight ago I stated that the time for a lady Chief Justice in our country was now. I am glad that the prayer has been answered. This is a bold step. Lady Justice Koome has rightfully earned this elevation.”

Former Nyeri Woman Rep Priscilla Nyokabi termed Justice Koome's nomination a new dawn in the Judiciary.

Commending her as a gender activist and a firm defender of children’s rights Nyokabi said people should emulate her and continue fighting for the right thing as it will pay off one day.

“She has broken the ceiling in the Judiciary. She has opened the door for all women in this country. The fight she has fought for gender and rights has finally paid off. We are celebrating,” she said.

Koome was last year recognised by the United Nations for her advocacy of the rights of children in the justice system.

Former Speaker Francis ole Kaparo also congratulated the judge saying her nomination is well deserved.

"I congratulate Justice Koome, she is equal to the task. She truly deserves this position. She is an imminent lawyer and truly able," said Mr Kaparo.

The Judiciary now has enough women in top positions including acting CJ Philomena Mwilu, Vice-Chair JSC Olive Mugenda, acting President Court of Appeal Wanjiru Karanja, Principal Judge, High Court Lydia Achode, Principal Judge, ELRC, Maureen Onyango, Judiciary Chief Registrar Anne Amadi, Registrar, High Court Judy Omange, Registrar Supreme Court Esther Nyaiyaki, and Registrar JSC Frida Mokaya.

The corridors of justice therefore seems to have implemented the two-thirds gender rule, but the same cannot be said of the Executive and no woman leader has expressed interest in the presidency or deputy presidency so far.

More female leaders have declared interest in governorship including Senator Kihika (Nakuru), Woman Rep Gladys Wanga (Homa Bay), Bishop Margaret Wanjiru (Nairobi), Wavinya Ndeti (Machakos) and Aisha Jumwa (Kilifi).                           

Past Chief Justices                                                                                                                      

Sir John Ainley 1962-1968

Justice Arthur Dennis Farrel 1968

Justice Kitili Mwendwa 1968-1971

Sir James Wicks 1971- 1982

Justice Chunilal Bhagwandas Madan 1985-1986

Cecil Henry Ethel wood Miller 1986- 1989

Robin Allan Winston Hancox 1989-1993

Fred Kwasi Apaloo 1993-1994

Abdul Majid Cockar 1994-1997

Zachaeus Richard Chesoni 1997-1999

Bernard Chunga 1999-2003

Johnson Evans Gicheru 2003-2011

Dr Willy Mutunga 2011- 2016

David Kenani Maraga 2016-2021

Women in JSC

Acting CJ Philomena Mwilu

Vice Chair JSC Olive Mugenda

Acting President Court of Appeal Wanjiru Karanja

Principal Judge, High Court Lydia Achode

Principal Judge, ELRC, Maureen Onyango

Judiciary Chief Registrar Anne Amadi

Registrar, High Court Judy Omange

Registrar Supreme Court Esther Nyaiyaki

Registrar JSC Frida Mokaya.