Why Kenya s judge recruiters are sceptical about activism on the bench
The Conversation
09 May 2021, 18:41 GMT+10
The political branches of government have an interest in how courts interpret and apply the law. Thus, it was no surprise that the issue of how to interpret the constitution took centre stage during the recently concluded recruitment of the 15th chief justice of the Republic of Kenya.
Justice Koome was one among 10 candidates who applied for the post. Kenya s Judicial Service Commission interviewed the 10 candidates. The commission is composed of 11 members. It has two representatives from the Law Society of Kenya, and one representative each from the Supreme Court, the Court of Appeal, the High Court, and the Magistrates Courts. It also has one representative from the Public Service Commission, which is the principal government recruiter. The commission also includes the Attorney General and two members of the public who are appointed by the president.
CJ ought to be bold on human rights and a towering legal mind
Friday May 07 2021
Justice Martha Koome when she appeared before the Judicial Service Commission (JSC) at the Supreme Court buildings on April 14, 2021 to be interviewed for the position of Chief Justice. The JSC picked her for the position of chief justice. PHOTO | JEFF ANGOTE | NMG
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First, congratulations to Lady Justice Martha Koome for being picked by the Judicial Service Commission to be the next Chief Justice of Kenya subject to confirmation by Parliament.
The appeals court judge has worked for many years as a judge and advocate. Importantly, she has been an indefatigable crusader for women’s and children’s rights. It was a bold and commendable move by the JSC to pick a woman to head this important arm of government.
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The duo had previously appeared before the Prof Olive Mugenda led panel and had been interviewed for the position of Chief Justice. [File, Standard]
Chitembwe and Marete will be interviewed once again, but this time, for the position of a supreme court judge.
The two will appear before the panel in turns with Justice Chitembwe scheduled to take the hot seat first at 9 am followed by Justice Marete at 11 am.
The duo had previously appeared before the Prof Olive Mugenda led panel and had been interviewed for the position of Chief Justice.
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However, their quest was unsuccessful after the commission named Lady Justice Martha Koome as their nominee for the CJ position awaiting vetting by parliament and the president’s approval.
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He attributed the workload to between 100 and 250 cases pending determination before the Supreme Court. [File, Standard]
He attributed the workload to between 100 and 250 cases pending determination before the Supreme Court.
When asked what had caused the backlog challenge, the Employment and Labour Relations Court judge cited incapacity and understaffing as a result of the long recruitment processes when a vacancy occurs.
“It takes a very long time to recruit new judges, as was the case when Justice Jackton Ojwang retired last year,” noted Justice Marete.
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The Labor and Employment relations court judge prefers a situation where judges on a bench would write their individual judgements. [File, Standard].