The discomfiture on the selection process of Chief Justice is palpable among the Kenyans.
Some social media users claim the Executive has already settled on its preferred candidate, who will, by no means, take the job regardless of the performance of the other competitors.
Going by the list of the shortlisted candidates, it is apparent that each of them is qualified on the basis of academic qualification and experience. What the interview needs and seems to evaluate is the integrity of the candidates, which is informed by the general practice of the law, values, and character wrapped up in leadership skills. Allowing the Executive to interfere with this process will jolt the public’s lack of confidence in the Judiciary. .
Even though these are the qualities the Judicial Service Commission must be looking into; one thing is certain: That the three arms of the government should not be led by persons from one region of the country.
The spirit of the Constitution stipulates that the face of the country should be presented in both elective and selective processes. The leadership of the Executive and National Assembly is from one region. It would, therefore, suffice it that the next CJ comes from other region other than Central Kenya.
The JSC must address itself on this because it is a reality that many seem not to lay emphasis on. With exception of Chief Justice David Maraga’s tenure, the office has ever been viewed as a tool wielded by the Executive to settle political scores. The office rarely has the power to dislodge this more firmly established core belief of being a stooge of the Executive.
However, the gist of my presentation is not vested on who the next CJ would be, but on the dispensation of justice.
The unwavering demeanour and alacrity of former CJ, Justice Maraga on ensuring justice in all facets subjected him to attacks by those who would rather have their way at the expense of justice.
The country needs a man or a woman who would have the courage to run with Maraga’s model of stewardship or one who will set it on a higher trajectory so that every litigation is executed on a platform of equality.
This is voiced on the knowledge that judicial egalitarianism should assume a situation where everyone is treated equally before the law. This should be seen to be operational.
