• Candidate Philip Murgor last week complained to the Judicial Service Commission that Mwilu could be biased against him because she has dealt with Law Society of Kenya president Nelson Havi.
• The LSK boss petitioned JSC against Murgor's candidature. Interviews begin on Monday.
Image: FILE
Acting Chief Justice Philomena Mwilu will be part of the panel vetting candidates for Chief justice and a Supreme Court judge despite objections to her participation.
Candidate Philip Murgor last week complained to the Judicial Service Commission that Mwilu could be biased against him because she has dealt with Law Society of Kenya president Nelson Havi.
The LSK boss petitioned JSC against Murgor's candidature. Interviews begin on Monday.
Murgor also said Mwilu would vouch for and favour senior counsel Fred Ngatia to be appointed Chief Justice because Ngatia had acted for Mwilu during her vetting to be a judge in 2012.
He said their relationship would present a conflict of interest and disadvantage him and other candidates.
Olive Mugenda and Patrick Gichohi will also participate in the interviews despite petitions filed in court against them.
Petitioners complained Mugenda and Gichuhi have cases before the court and sit in the JSC illegally.
Mugenda is accused of serving in two state offices warranting her removal from the JSC. She chairs the board of Kenyatta University Teaching, Referral & Research Hospital besides sitting in the commission.
Gichuhi is accused of illegally representing the Public Service Commission at the JSC following his alleged removal on January 8, 2019.
On Sunday, Chief Registrar of the Judiciary Anne Amadi said all commissioners will take part. She did not say how the complaints against the commissioners will be handled.
Amadi said JSC vice chair Mercy Deche will steer the interviews and not Mwilu.
Other members of the commission are Attorney General Paul Kariuki, Mohammed Warsame (Court of Appeal), David Majanja (High Court) and Emily Ominde (Magistrates), Felix Koskei and Macharia Njeru.
Ten candidates have been shortlisted for the position of Chief Justice.
They are Patricia Mbote, Justice Martha Koome, Justice Marete Njagi, Philip Murgor, Justice Nduma Nderi, Fred Ngatia, Court of Appeal President William Ouko, Wekesa Moni and Alice Yano.
The commission will interview one candidate per day for the next two weeks. They will spend three to four hours or more depending on how engaging a candidate is.
A dome tent for the process has been erected at the CJ's gardens at the Supreme Court buildings.
Health protocols will be observed, with each commissioner having their own tables and seats to ensure social distancing.
The position of Chief Justice fell vacant on January 12 when former David Maraga retired. The other position on the bench fell vacant on February 20 when Jackton Boma Ojwang'retired.
Influence of politics
The recruitment process is expected to be a tough balancing act as the 2022 presidential election looms next year. Whoever becomes the Chief Justice will oversee petitions arising from the presidential election.
Regional and ethnic balance, gender and age are expected to be at the centre stage.
There is an argument in the legal fraternity that the heads of the Executive, Parliament and Judiciary should come from different regions.
Constitutional lawyer Dudley Ochiel said the next CJ should have a cocktail of leadership skills that combine those of Maraga and his predecessor Willy Mutunga.
“Mutunga was a progressive mind who mainstreamed the theory of wholistic interpretation in the infancy of the Constitution. The Constitution would have otherwise have withered up by now. On the other hand, Maraga came in as a conservative with integrity, but quickly jelled into a progressive,” he told the Star.
“I wouldn't be too concerned about administrative experience because the Judiciary has nine directorates filled with experts in administration. I would stay away from any individual perceived as too close to the current Executive,” he said.
There is also a quest to ensure regional and ethnic balance in the 11-member Judicial Service Commission which is currently biased towards the Central region.