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Post by phil on Oct 17, 2010 14:51:32 GMT 3
Is this man Kenya’s next Chief Justice?
According to sources, the name of High Court Judge Paul Kihara Kariuki (above) has been discussed during two meetings of the higher echelons of PNU in Kiambu and Nairobi in as many weeks as a possible successor to Mr Justice Gicheru. Photo/FILE The Nation has an interesting story about how ODM and PNU have reached an agreement that PNU would nominate a candidate for the CJ position while ODM fills the Attorney-General’s position. The story goes further to say that ODM will also nominate a candidate for the office of deputy CJ while PNU will name a nominee to the powerful office of the Director of Public Prosecution. The Nation also says that according to some legal opinions, the country has 10 days to appoint Mr Justice Gicheru’s replacement. That is not what I read in my copy of the new constitution (reproduced below). It seems that the current CJ Gicheru is going to retire rather than be subject to vetting. What's he afraid of? Quite telling if you ask me! Having looked at the new constitution again, it appears that this horse trading by PNU and ODM is all wrong! The procedures for appointment of the CJ, AG and DPP are similar and given the emphasis on separation of powers and independence of these offices, will the new appointees be in a position to operate independently if they owe their positions to such political pacts? Another contradiction I observe here is that the CJ remains the Chairman of the Judiciary Service Commission (and the AG is a member too), which will among other things appoint, receive complaints against, investigate and remove from office or otherwise discipline registrars, magistrates, other judicial officers and other staff of the Judiciary, in the manner prescribed by an Act of Parliament; How can one be head of a body that is required hear complaints about themselves? The more things change in this country, the more they remain the same! Chief Justice
24. (1) The Chief Justice in office immediately before the effective date shall, within six months after the effective date, vacate office and may choose either—
(a) to retire from the judiciary; or
(b) subject to the process of vetting under section 23, to continue to serve on the Court of Appeal.
(2) A new Chief Justice shall be appointed by the President, subject to the National Accord and Reconciliation Act, and after consultation with the Prime Minister and with the approval of the National Assembly.
(3) Subsection (2) also applies if there are further vacancies in the office of Chief Justice before the first general elections under this Constitution.
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Post by politicalmaniac on Oct 17, 2010 19:53:14 GMT 3
This must be good news for the K - k -k alliance more of the same dodo, but different day.
Which PNU faction was involved? the mafiya? Certainly the other 2 guys did not chip in theri 22 cents
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Post by phil on Jan 24, 2011 14:25:27 GMT 3
OK guys, there definitely will be political horsetrading between PNU and ODM on the new CJ and AG. Already I am hearing rumours that James Orengo may resign his parliamentary and cabinet dockets to be appointed the new Attorney General fronted by the ODM, while PNU grapples with its own recommended names for the CJ. Am not sure if there is any truth behind these rumours but retaining the Ugenya seat and appointing a new Lands minister should not be too huge a task for ODM and its leadership and Orengo possesses solid legal background. A team of Orengo and PLO may just be what's required to slay the grand corruption dragon in Kenya. Nairobi Star
Kenya: Five Names on List for Chief Justice
11 January 2011
Nairobi — The list of potential candidates to succeed Chief Justice Evan Gicheru has been narrowed down to three judges and two senior lawyers.
Political horsetrading has been sparked off by the new constitution which stipulates that Gicheru, who has been CJ for seven years, has to leave office by February 27 and Attorney General Amos Wako by August 2011.
The judges under consideration for Chief Justice are Justice Riaga Omolo, the most senior judge after Gicheru; Justice Philip Waki who chaired the commission on the post-election violence; and High Court judge Paul Kihara Kariuki.
Also in contention is Prof Githu Muigai, senior partner at Mohammed Muigai Advocates who is also the UN Special Rapporteur on Xenophobia and is accredited to the International Criminal Court.
Kathurima M'Inoti, chairman of the Kenya Law Reform Commission and a former partner in Energy minister Kiraitu Murungi's law firm, is also in the running.
The search for the Chief Justice's replacement is expected to gain momentum today as Gicheru swears in the new members of the Judicial Service Commission who are supposed to identify his successor.
There has been speculation that the coalition government is fast-tracking the appointments in the Judiciary to block the prosecution of the Ocampo Six by the International Criminal Court.
Government will then be able to argue that the Kenyan judiciary has been sufficiently reformed to locally prosecute the 2007-08 post-election violence.
The new constitution states the President shall appoint the Chief Justice and the Deputy Chief Justice in accordance with the recommendations of the Judicial Service Commission, and subject to the approval of the National Assembly.
However, in replacing the present Chief Justice, the Constitution states that President Kibaki is to consult Prime Minister Raila Odinga under the terms of the coalition agreement.
This could be interpreted to mean that they can appoint a new Chief Justice without referring to the Judicial Service Commission, as Justice minister Mutula Kilonzo recently seemed to argue.
Lawyers say that a political deal is being stitched up where President Kibaki chooses the new Chief Justice while Raila chooses the new Attorney General.
The ODM would nominate the Deputy Chief Justice while PNU would pick the nominee for the powerful office of the Director of Public Prosecution.
Vice-President Kalonzo Musyoka may possibly be allowed to pick the new DPP.
But many lawyers believe that this political horsetrading will compromise the independence of the candidates.
The lawyers argue the Judicial Service Commission should advertise and interview for the post of Chief Justice.
"We think that it will be wrong for the two principals to ignore the role of the JSC in replacing the CJ. Because the constitution is not very clear on the role of the JSC, some of us within the commission believe that we need to be allowed to play this role and just give the President and the PM two names for them to pick and then ask Parliament to ratify," said a member of the Judicial Service Commission The commission is chaired by Gicheru and its members include Attorney General Amos Wako; chairman of the Public Service Commission Titus Gatere; lawyer Ahmednasir Abdullahi, a nominee of the Law Society of Kenya; Prof Christine Mango and Bishop Anthony Muheria nominated to represent the public; appellate judge RC Omolo; High Court Judge Isaac Lenaola; and Emily Ominde nominated by the Judges and Magistrates Association to represent the Bench.
The new Constitution provides that Justice Gicheru should retire in February with the option of returning as a Court of Appeal judge subject to vetting.
Yesterday Judiciary sources said Gicheru has not indicated what he intends to do.
Two former commissioners yesterday insisted that a Kenyan succeed Gicheru, an apparent response to the suggestion that a Commonwealth judge become Chief Justice to ensure neutrality throughout the judicial reform process.
Bobby Mkangi of Committee of Experts and Lucy Kambuni of the Kriegler Commission yesterday said a foreign CJ should not be an option.
They said foreign experts had made valuable contributions in their respective committees; but the two would be "wary" of appointing a CJ from another Commonwealth country.
"This would be taking this practice - whose philosophy is very noble by the way - to a whole new level and unnecessarily so because we have more than enough men and women who fit the bill. All we need is to do enough consultations and the right people will be revealed," Kambuni said.
According to Mkangi, having a foreign CJ would not be a good idea in the current positive atmosphere and dwindling time to make the appointment. |
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Post by kamalet on Jan 24, 2011 14:42:32 GMT 3
Phil, Is this not what I had already said and got called names in the usual manner that I was attacking the hallowed writings of Miguna Miguna?: Some of you guys suck up to Miguna too much as if his word is LAW. I continue to hold that Miguna has a flawed view of the law and this post above does nothing to change my view!!! The Constitution envisages that there is a President and there was one on the effective date. The constitution provides for the CJ to quite within 6 months of the effective date. The constitution provides for the constitution of the JSC within 90 days of the effective date. The constitution provides for the appoint of a new CJ by the President in consultation with the PM and with the approval of Parliament. That is the law!!! Now why was there an urgency to create a JSC before the removal of office of the current CJ or why is the appointment of the JSC a precursor to the departure from office of the CJ? The constitution says that the CJ will be appointed by the president on the recommendation of the JSC and with the approval of the National Assembly. Lawyer Miguna wants to split hairs by removing the JSC from the equation and talks of this involvement of the JSC coming after the next election! What Miguna is not telling you is that what he would rather is the small deal that is being cut by Kibaki and Raila to share the posts of AG and CJ via the appointment of their cronies. What Miguna is not telling you is that the JSC see through this charade and it is shouting to Kenyans that a fraud is just about to be committed against what they all along wanted - an independenct judiciary headed by a an independent CJ!!! The JSC is suggesting that the post be advertised and the names of suitable candidates be presented to Kibaki and Raila to make a sensible proposal to parliament for approval of a new CJ. Now tell me if we are not conveniently reading the law in the narrowest view to perpetrate this travesty of abusing the expectation of an independent judiciary? .....not exactly news as you can see! |
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Post by nereah on Jan 24, 2011 15:23:35 GMT 3
phil and all. ;D
i wont give any names but i will be very happy if rt.hon.prime minister raila amollo odinga,egh,mp exercises his constitutional mandate on these appointments by leveraging the female gender in the male dominated judicial system.let him meet mzee kibaki with the following as key creterion:
chief justice: woman
deputy chief justice:man
attorney general:man
public prosecutor: woman
deputy public prosecutor: woman
i will telegraph my sister from gem who heads the kenya women judges association(kwja) to do the needful. i believe just like the lsk, kenya women judges association has some names of competent kenyans.
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Post by roughrider on Jan 24, 2011 16:46:35 GMT 3
The reports that suggested that Central Kenya leaders and Mt. Kenya Mafia sitting in the presidents court had narrowed down on either Githu Muigai or Kihara Kariuki were in very bad taste. This is tribalism and therefore unacceptable. What confidence would Kenyans have in a judge inspired by tribal or political considerations? Why does the mafia trust these ones?
It also, clearly, besmirches the reputations of perhaps otherwise fine lawyers through a flawed process.
Certainly such appointments would undermine any attempts to convince the ICC that we have now developed a reliable judicial system to handle PEV.
Why couldn't they simply advertise the position, shortlist and recruit?
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Post by kamalet on Jan 24, 2011 16:50:52 GMT 3
The reports that suggested that Central Kenya leaders and Mt. Kenya Mafia sitting in the presidents court had narrowed down on either Githu Muigai or Kihara Kariuki were in very bad taste. This is tribalism and therefore unacceptable. What confidence would Kenyans have in a judge inspired by tribal or political considerations? Why does the mafia trust these ones? It also, clearly, besmirches the reputations of perhaps otherwise fine lawyers through a flawed process. Certainly such appointments would undermine any attempts to convince the ICC that we have now developed a reliable judicial system to handle PEV. Why couldn't they simply advertise the position, shortlist and recruit? ...ditto the position of the AG rather than have Raila appoint Orengo as AG? |
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Post by roughrider on Jan 24, 2011 17:54:12 GMT 3
Absolutely!
The AG position, according to transitional provisions is to be filled within a year. The CJ must be done now: thus the focus on CJ.
We have put up with tribalism for too long. It's time to stop this charade!
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mbuta
Full Member
Posts: 182
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Post by mbuta on Jan 25, 2011 15:37:21 GMT 3
Correct me if I am wrong, but I have seen this movie before. I think the latest KKK dalliance is being used by Kibaki's goons to muddy the waters and push through their own choices for CJ and AG! They will choose their own people without consulting Raila and when he complains, they will unleash the attack dogs from Ruto's camp to potray Raila as disgruntled and whats more, they will have the parliamentary majority to confirm the nominees.
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Post by kamalet on Jan 25, 2011 18:19:59 GMT 3
Correct me if I am wrong, but I have seen this movie before. I think the latest KKK dalliance is being used by Kibaki's goons to muddy the waters and push through their own choices for CJ and AG! They will choose their own people without consulting Raila and when he complains, they will unleash the attack dogs from Ruto's camp to potray Raila as disgruntled and whats more, they will have the parliamentary majority to confirm the nominees. .....surely makes one sad! fortunately it is not true! |
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