It's the hand of the Lord, says CJ nominee Martha Koome

“This is the hand of the Lord. I am a servant of the Lord and I see this is a higher calling from the Lord for me to serve people.”

These were the words of Justice Martha Koome after she was nominated by the Judicial Service Commission to be Kenya's next Chief Justice. 

“I have so many people who prayed for me, especially the children at Imani Children's Home who dedicated every Tuesday to praying for me. It is the doing of the Lord,” she said.

Justice Koome will be the first woman to lead the Judicature, one of the three arms of government when she takes office. 

The Judicial Service Commission is expected to submit her name to President Uhuru Kenyatta who will then appoint Koome to succeed former CJ David Maraga.

Acting JSC chairperson Olive Mugenda said the commission was unanimous in Koome's nomination.

"After lengthy deliberations and careful considerations of the performance of the various candidates, the JSC has unanimously recommended the appointment of Lady Justice Martha Koome."

Mugenda declined to disclose how other candidates fared in the interviews, saying JSC's job was to get a chief justice and that's what was done.

The nomination of Justice Koome came barely five hours after the Court of Appeal had set aside orders that barred the JSC from deliberating on the suitability of the 10 candidates interviewed.

Justice Koome, who has 33 years of experience in legal practice, joins the growing league of powerful women in top Judiciary positions.

She has spent a significant portion of those years in public service as a defender of human rights.

Koome has earned international accolades for tremendous contribution to the expansion of the rule of law and defence of the vulnerable.

She is an acclaimed expert in family law and takes a keen interest in children's affairs. She was named the UN Person of the Year runner-up in 2020 for these efforts.

During her interview, Justice Koome expressed her concerns about the country's laws in relation to gender. She said many have been socialised to look at women as second-class citizens who are not supposed to take part in leadership positions.

Justice Koome said she subscribes to feminist legal arguments that contend that the law corresponds with structures of patriarchal dominance and oppression.

She told the commission she would negotiate with the Executive to unlock a stalemate over 41 judges yet to be appointed by the President. 

"We must discuss the issue of the 41 judges with the President and we find out where the problem is resolved and have the judges sworn-in," she said. 

On the BBI, Judge Koome said she would not comment on the ruling by the Supreme Court that the cases filed at the High Court should be determined first.

"Those are sensitive matters I can't discuss them since it will be prejudice. I will read the files, call the judges of the Supreme Court. Whether the Supreme Court takes over the cases will be a discussion arrived at at a consultative forum," she said.

Judge Koome further said she would pursue the operationalisation of the Judiciary Fund to help solve the persistent problem of under-funding.

She noted that there are currently so many projects that have stalled for lack of funds and this, among other things, would be solved.

To serve Kenyans well, she will put in place proper communications channels such as coming up with short text messages to enable litigants to know the progress of their cases, she said.

She will serve for 10 years, unless she opts for early retirement at 65.

With Koome at the top, the Judiciary is now firmly run by women. 

Other top women leaders are DCJ Philomena Mwilu; Mugenda; acting President Court of Appeal Wanjiru Karanja; principal judge of the High Court Lydia Achode; principal judge, ELRC, Maureen Onyango; and Judiciary chief registrar Anne Amadi.

Others are registrar of Supreme Court Esther Nyaiyaki; Registrar JSC Frida Mokaya; acting registrar ELC Rose Makungu and acting registrar Tribunals Ann Asugah. 

(edited by o. owino)