Kenya Uses Transparency In Electing New Chief Justice

Dr Willy Mutunga na Nancy Baraza have been nominated for the post of CJ and deputy CJ respectively.Majina haya yatawasilishwa ikulu for appointment na baadaye bungeni for approval.Note separation of power principle at work katiba mpya Kenya.Dr Willy wears an ear ring and his on record for saying he would gladly trade cj post for his ear ring .Kenya kumekucha.

boc, source please. wengine tumejifungia tu kwenye viota hatujui kiendeleacho huko nje

ear ring?

Manumbu said:

boc, source please. wengine tumejifungia tu kwenye viota hatujui kiendeleacho huko nje

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By SATURDAY NATION TEAM newsdesk@ke.nationmedia.com

Posted Friday, May 13 2011 at 22:00



The Judicial Service Commission on Friday signalled a clear departure from the past by nominating two outsiders to become Chief Justice and Deputy Chief Justice.

Dr Willy Munyoki Mutunga, an academic and one-time political detainee, was proposed for CJ and Ms Nancy Makokha Baraza, a founder of the International Federation of Women lawyers (Fida), was nominated to the post of deputy CJ.

In preferring the two over Court of Appeal judges and High Court judges who had applied for the same posts, the JSC gave clear signal that it would no longer be business as usual in the Judiciary.

Immediately after the announcement, the commission forwarded the names of the two to the President and Prime Minister for further processing in accordance with the Constitution.

The two principals will, after consultation, forward the names to Parliament for approval.

JSC acting chairperson Christine Mango said they had picked renowned reformers, a man and a woman of impeccable record, integrity and sound legal grounding.

“We have picked people who will reform the justice system and our Judiciary. They are a man and a woman in whom we as the Judicial Service Commission have full faith, confidence and trust,” said Prof Mango.

She said the commission was looking for candidates who will lead by example, persons of great depth of legal and constitutional learning, whose integrity is impeccable and beyond reproach, and who have a record of independence and cannot be influenced by political pressure.

“We wanted someone who can provide leadership to the courts and has shown passion and zeal to help Kenyans realise the dream in the new Constitution, especially its values of equality, justice, fundamental rights and freedoms; and a commitment to the rule of law,” explained Prof Mango.

She said that the commission was satisfied with the choice of Dr Mutunga due to his academic record and struggle for reforms in the country’s political history.

“He is a former law school lecturer, a former chairman of the Law Society of Kenya and a renowned reformer in the political struggle of our country. He has also practised law for over three decades,” said the acting JSC chairperson.

In their choice of Ms Baraza for the post of Deputy Chief Justice, the commission cited her academic record and legal reforms activism. Ms Baraza has a Masters degree in law and is presently a PhD student at the University of Nairobi.

“She is the vice-chairperson of the Kenya Law Reform Commission and former chairperson of FIDA. She is an advocate of the High Court and practised law for over three decades,” explained Prof Mango, adding that in the two candidates, the Judicial Service Commission had seen the attributes they were looking for when they started the interviews two weeks ago.

Other candidates interviewed for the post of Chief Justice were Court of Appeal judges Riaga Omollo, Samuel Bosire, Alnasir Visram and Joseph Nyamu.

From the High Court were Justices Kihara Kariuki, Msagha Mbogholi, Mary Ang’awa and Kalpana Rawal. Also interviewed was ICTR judge Lee Muthoga.

In a conversation with Saturday Nation before the interviews began, two members of the Judicial Service Commission described the list of applicants as “embarrassing” and indicated that the scales were in Dr Mutunga’s favour.

“The post is for Dr Mutunga to lose,” one of them said.

“Some members of the Bench have not appreciated the reality that the new Constitution gave birth to a new order which requires new hands and ideas.”

A member of the commission who spoke to Saturday Nation on condition of anonymity said the two candidates were picked by consensus.

Majority of the JSC commissioners scored Dr Mutunga higher percentage to the other candidates.

Daily Nation:*- Politics*|Why former detainee won race for CJ

this process just set the precedent for future appointments. this business of leaders hand picking people who are corrupt is not gonna fly anymore.

maybe we should have all people running for senator governor and president vetted by KACC live on TV. maybe then our country will get rid of these corrupt hooligans

Kenya is becoming a giant in terms of transparency and other democratic proceedings. At home forget it!

nomasana said:

this process just set the precedent for future appointments. this business of leaders hand picking people who are corrupt is not gonna fly anymore.

maybe we should have all people running for senator governor and president vetted by KACC live on TV. maybe then our country will get rid of these corrupt hooligans

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I am very impressed by the changes in your country. I hope your constitution provides for ways to hold your leaders accountable and remove them from office if necessary.

Nyani Ngabu said:

I am very impressed by the changes in your country. I hope your constitution provides for ways to hold your leaders accountable and remove them from office if necessary.

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well the constitution gives the citizens a way to recall their mp's if they are not doing a good job. you would think that by now most of the mp's have been recalled but tribalism prevents our democracy from advancing. *banging head on the table*