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BBI Appeal Judgement: The seven-judge bench and some landmark cases they have handled

NATIONAL
By Paul Ogemba and Kamau Muthoni | August 20th 2021

The Court of Appeal delivers its judgment on the High Court decision today after a 48-day wait. The High Court had declared the BBI process unconstitutional, null and void.

These are the seven judges on the BBI appeal case: 

Court of Appeal President Justice Daniel Musinga. [Dennis Onsongo, Standard]

1. Daniel Musinga

He is the Court of Appeal president. Was admitted to the bar in 1988. Joined the Judiciary in 2003 and was in 2011 crowned Jurist of the Year.

He quashed the appointment of Justice Alashir Vishram (retired) as Chief Justice and Prof Githu Muigai as the Attorney General by President Mwai Kibaki during the Coalition government.

Profile:

May 2021 - elected President, Court of Appeal by fellow Judges pursuant to Article 164(2)

Fellow of the Chartered Institute of Arbitrators

January 2021 - nominated as Chairman, Judiciary Committee on Elections.

2018 to 2021-Chairman, Judiciary Rules Committee

December 2012 - appointed Court of Appeal Judge.

2013 to 2017-First Chairman, Performance Management and Measurement Steering Committee.

2003 – 2000- appointed Judge of the High Court of Kenya, posted to Nakuru

2003-Member of the Tribunal to investigate conduct of suspended High Court Judges.

2008- 2010-served in the High Court at Kisii.

2011- appointed Presiding Judge, Commercial and Admiralty Division, Nairobi.

2011- honoured by International Commission of Jurists as Jurist of the Year

2010 - honoured by the Law Society of Kenya for Distinguished Service in the Administration of Justice

2000 – 2003 – Chairman, LSK Mombasa Chapter

1988-1991 - legal practice-Gikandi & Company advocates-Mombasa.

Lady Justice Roselyn Naliaka Nambuye. [File, Standard]

2. Roselyn Nambuye

She was born in 1952 in what is now Bungoma County. Was the first female principal magistrate and ultimately the first female chief magistrate.

In 1991, she was appointed judge of the High Court and of the Court of Appeal in 2011.

She was on a three-judge bench that found that MPs should not manage the Constituency Development Fund (CDF).

Profile: 

2012-appointed Judge of the Court of Appeal

Currently heads the Court of Appeal in Nairobi, Criminal Division

1991 - appointed Chief Magistrate and in the same year elevated to High Court Judge

1988-1990- Principal Magistrate

1982-1986-Deputy Registrar and later Senior Resident Magistrate

1980-joined the Judiciary as District Magistrate II (Prof)

Founder member and a Past Chairperson of the Kenya Women Judges Association (KWJA)

Holds a Master of Laws Degree (LLM) in Public International Law from the University of Nairobi (2006) from the University of Nairobi (2011) Leadership (2017)

Honorary Doctorate Degree from the Commonweal

Lady Justice Hannah Magondi Okwengu. [File, Standard]

3. Hannah Okwengu

She graduated with a Bachelor of Law degree from the University of Nairobi in 1979.

First worked as a land registrar in Mombasa before moving to the Municipal Council of Mombasa where she worked as an advocate.

She was among the judges who opposed lowering the age of consent for sex to 16 years.

Profile:

2011-appointed Judge of the Court of Appeal.

Currently Head of Civil Division, Court of Appeal.

Board Member representing Africa in the International Association of Women Judges.

Chairperson of Judicial Committee that developed a Criminal Procedure Bench Book for the Judiciary.

2003 - Appointed Judge of the High Court.

1998 - Assistant Director in charge of Prosecutions in the former Kenya Anti-Corruption Authority.

Recipient of the LSK Award for Distinguished Service in the Administration of Justice.

1983-Joined Judiciary as Resident Magistrate and rose to Chief Magistrate.

Past Chairperson of the International Association of Women Judges (IWAJ)-Kenya Chapter.

Holds Masters Degree in Law from Queen Mary University of London. Bradford-UK.

Court of Appeal Judge Patrick Kiage. [File, Standard]

4. Patrick Kiage

He was admitted to the Roll of Advocates in 1993 and has since handled a number of high-profile criminal cases.

In 2007, he was appointed a special prosecuting counsel in the Office of the Director of Public Prosecutions.

He has taught criminal procedure and practice as well as family law at the Catholic University of Eastern Africa, and Trial Advocacy at the Kenya School of Law.

He gave a dissenting judgment that although the Constitution recognises equality between a man and a woman in marriage, this does not guarantee 50-50 sharing of matrimonial property.

Profile:

2012-appointed Judge of the Court of Appeal.

2021 – Presiding Judge, Court of Appeal, Kisumu.

2015 – date, Regional Vice President for East, Central and Southern Africa on Commonwealth Magistrates’ and Judges’ Association Council.

2007-Special Prosecuting Counsel and Deputy Director, Public Prosecutions.

2007- 2012 – Lecturer in Law at Catholic University of Eastern Africa ad Kenya School of Law

Author of Books: Criminal Procedure and Practice in Kenya and Family Law in Kenya.

Over 10 years practice as a criminal defence lawyer.

2001-2007-facilitator and trainer in ADR for KNHRC. Nyachae & Company Advocates and later to Kiage & Company Advocates as Sole Proprietor and later as Senior Partner.

Holder of a Masters Degree from New York University majoring in Public Service Law, Comparative Constitutional Law, Comparative Criminal Justice and Human Rights.

Justice Kairu Gatembu. [File, Standard]

5. Gatembu Kairu

He was born in 1960. Graduated with a law degree from the University of Nairobi in 1984 and studied at Boston University.

He has taught commercial law at the UoN since 1990.

He was in a three-judge bench that affirmed a High Court judgment that Parliament had failed to enact the two-thirds gender rule. The bench was also composed of Phillip Waki (retired) and Kathurima M’inoti. 

Profile:

2012- appointed Judge of the Court of Appeal.

2009-2012-Proprietor, Arbitration and Mediation Suite.

1987-1993-Associate, Kimani Kairu & Company Advocates.

1985-1987- Legal Assistant, Hamilton Harrison & Mathews Advocates

Lady justice Fatuma Sichale. [File, Standard]

6. Fatuma Sichale

She was born in 1958 in Trans Nzoia County. Attended Kapsabet Girls School before joining Alliance Girls for her “A” Levels between 1976 and 1977. She was admitted to the bar in 1983.

She, alongside Chief Justice Martha Koome and Justice Erastus Githinji (retired), issued an order suspending High Court judgment on the eve of the 2017 repeat presidential election.

Profile:

2012-appointed Judge of the Court of Appeal.

2012-short stint as Chairperson of the Communication Appeals Tribunal

2004 - 2009 Assistant Director, Legal Services at Kenya Anti-Corruption Commission and later appointed the Deputy Director.

2004-nominated by FIDA (K) to the Board membership of Kenya Anti – Corruption Commission (KACC).

2004 - Board Member of the National Anti-Corruption Campaign Steering Committee.

2004 - appointed one of the seven Board members of the then Kenya Anti-Corruption Authority (KACA).

Served as a Board Member of Kenya Forest Service.

1987-2004 legal practice.

1984-joined the Judiciary as a District Magistrate II (Prof).

She has been a Council member of Law Society of Kenya (LSK) as well as FIDA (K). 

Justice Francis Tuiyott. [File, Standard]

7. Francis Tuiyott

He is among the judges President Uhuru Kenyatta appointed to the Court of Appeal this year. Was appointed High Court judge in 2011.

He sat in the five-judge bench that determined the dispute between Deputy Chief Justice Philomena Mwilu and Director of Public Prosecutions Noordin Haji and Director of Criminal investigations George Kinoti.

He also sat in a three-judge bench that made a landmark judgment on Mombasa Republican Council. 

Profile:

2021-appointed Judge of the Court of Appeal.

2011-appointed Judge of the High Court.

2003-2011-legal private practice.

2010-2011-Chairman Sugar Arbitration Tribunal.

1993-2010-Advocate at Nyaundi Tuiyott & Company Advocates

1991-1993- Associate Advocate at AGN Kamau Advocates.

Holds a Master of Laws Degree from University of London. 

Download the BBI Judgement by all seven Judges - Civil Appeal No. E291 of 2021
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