technically hakuna chochote siasa za ukabila tu katiba yao mpya imebaki kwenye makaratasi! Hawana tofautu nasi! Prof. Makau Mutua alipaswa kuchukua hii kazi
Sooo predictable. first of all, have you looked at all the other 6 who have been selected? which tribe they come from? isnt the former chief justice from a completely diffrent tribe to those that were in poeer then?
have you also looked at the CV of the other 6 to conclude that proffesor makau was the most qualified?
you say he is the most qualified just because he was suspended in UoN and ended up in USDM? so predictable....
mwanzo hebu soma kenya law on apointment of chief justice.... lazma JSC itangaze kazi, tena hio ndo ichuje watu, alafu ipeleke majina kadhaa kwa rais, rais achague wale aona wako sawa, tena bunge lianze kuwakagua na ikimkataa jaji rais amechagua, basi rais inabidi epeane majina mengine
(1) The President shall appoint--
(a) the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly; and
(b) all other judges, in accordance with the recommendation of the Judicial Service Commission.
(2) Each judge of a superior court shall be appointed from among persons who--
(a) hold a law degree from a recognised university, or are advocates of the High Court of Kenya, or possess an equivalent qualification in a common-law jurisdiction;
(b) possess the experience required under clause (3) to (6) as applicable, irrespective of whether that experience was gained in Kenya or in another Commonwealth common-law jurisdiction; and
(c) have a high moral character, integrity and impartiality.
(3) The Chief Justice and other judges of the Supreme Court shall be appointed from among persons who have--
(a) at least fifteen years experience as a superior court judge; or
(b) at least fifteen years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field; or
(c) held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to fifteen years;
(4) Each judge of the Court of Appeal shall be appointed from among persons who have--
(a) at least ten years’ experience as a superior court judge;
or
(b) at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
(c) held the qualifications mentioned in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.
(5) Each judge of the High Court shall be appointed from among persons who have--
(a) at least ten years’ experience as a superior court judge or professionally qualified magistrate; or
(b) at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
(c) held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.
.........
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hebu soma hapo 2(c) ambapo inasema
(c) have a high moral character, integrity and impartiality.
Makau is probably an integral person, his moral character is debatable , but he is definately not impartial. theae are some of the articles he has posted on daily nation
ney General has been misused and should resign,”
“Obama’s visit served to endorse an undeserving regime,”
and “Why I won’t refer to Uhuru Kenyatta as the President.”
a chief justice is supposed to keep some things to himselfs and be impartial, just like Mutunga who evem though he was mistreated the same time raila was totured by moi, even though raila is the one who recomended Mutunga to be CJ when he was prime minister, Mutunga remained impartial in the courts and has kept his deep inner thoughts to himself