• Lawyers say it is also important for the incoming CJ to strengthen solidarity with other chief justices across Africa.
• Lawyer Don Deya of Pan African Lawyers Union said building solidarity with other judges across the continent will give the incoming CJ support
Image: ENOS TECHE
Kenya needs a chief justice who will fight for the independence of the Judiciary, have personal courage and ensure stability of the country, lawyers have said.
Speaking during a webinar discussion hosted by the ICJ, the lawyers said it is also important for the incoming CJ to strengthen solidarity with other chief justices across Africa.
"It is critical to have an individual, who, despite having personal courage, is savvy with maintaining relationships both within the Judiciary and without," they said.
"This is important because it will help the office holder to maintain the independence of the Judiciary while promoting interdependence of the three arms of government".
The lawyers noted that the Judiciary has not had a rosy relationship with the Executive and Parliament in the recent past, thus the need to work on that.
Lawyer Don Deya of Pan African Lawyers Union said building solidarity with other judges across the continent will give the incoming CJ support even when the Executive or any other arm of government attacks the Judiciary.
He emphasised on the importance of Kenya’s recruitment of the new CJ to the rest of Africa over country’s role in IGAD, regional peace talks and the economy.
“Kenya's stability is important for the stability of the region and good leadership will set new par for neighbouring countries,” Deya said.
He added that Kenya, being an anchor economy for the East Africa region, its affairs are "very important to the rest of the continent".
His sentiments were echoed by lawyer Waikwa Nyoike, who said the incoming CJ should build on the legacy left by two former CJs Willy Mutunga and David Maraga.
Wanyoike said the two former chief justices managed to develop institutional courage through infusion of new judges into the Judiciary and vetting of new staff.
They also increased global visibility of the Judiciary, especially with the justice Maraga-led bench that nullified President Uhuru Kenyatta’s election victory, Wanyoike said.
Under the two CJs, Wayoike added, the Judiciary managed to increase the number of courts and also made justice accessible to the common man which is one of the gains that needs to be protected by the incoming chief justice.
The lawyers further called on the Judicial Service Commission to make public the entire hiring process, including the scores of by each commissioner for all the candidates interviewed for the position.
“We still have a bit to do in terms of openness. We don’t really know what happens in the JSC boardroom unlike in other jurisdictions where the JSC makes public even its minutes,”Wanyoike said.
He gave example of South Africa, which makes public the JSC minutes.
The position of the CJ became vacant after justice Maraga retired on January 12.
A total of 13 candidates applied for the job but three were disqualified at the first round.
Those disqualified are Otondi Ontweka, Ombongi Matagaro and Prof Mare Otinga.
The three were disqualified because they did not meet the criteria for the job.
The 10 successful candidates will face the JSC in interviews scheduled for April 12 to 30.
They are appeal judges William Ouko and Martha Koome, judges Chitembwe Said, DK Njagi Marete and Nduma Nderi, senior counsels Philip Murgor and Fred Ngatia, Prof Kameri Mbote Annie, Prof Wekesa Moni and Alice Yano.
Justice Said will be the first to face the interview panel on April 12 followed by Prof Mbote on April 13. Justice Koome will be interviewed on April 14.
Justice Njagi will be interviewed on April 15, Murgor on April 16, Nduma on April 19, Ngatia on April 20, Ouko on April 21, while Prof Moni and Yano will be interviewed on April 22 and 23 respectively.
The commission invited the members of the public to send in any complaints against any shortlisted candidates in writing by March 3.