Six leading judges in succession line-up as Deputy Chief Justice job advertised

The race is on for the position of Deputy Chief Justice Kalpana Rawal, who is expected to retire in January after the Judiciary served her with a notice of retirement last week.

The position is already attracting great interest from candidates within the Judiciary as well as from lawyers in private practice and the civil society.

The succession is critical given that the Chief Justice, Dr Willy Mutunga, is also set to retire in June 2017, just two months ahead of the next General Election.


According to sources, at least five Court of Appeal Judges and one Supreme Court judge are considered among the candidates likely to succeed Lady Justice Rawal.

However, Fida Kenya chairperson Ruth Aura said the presumption that the position of the Deputy CJ has to be a woman does not hold water.

According to her, if the CJ is a man then his deputy should be a woman but the opposite is also applicable.

“I would even advise women to shelve their interest for the position of the Deputy Chief Justice and let the men go for it so that we focus on the post of the Chief Justice in 2017,” she said in an interview with the Nation.

FRONTRUNNERS

Among those named as frontrunners for the Deputy CJ’s job are Supreme Court Judge Njoki Ndung’u, Appeal Court judges Agnes Murgor, Philemona Mwilu, Martha Koome and Hannah Okwengu and High Court Judges Jessie Lesit and Wanjiru Karanja. Prof Patricia Khamere Mbote, the Dean of the School of Law, University of Nairobi, has also been named as a potential candidate.

Being a Supreme Court judge, Lady Justice Ndung’u enjoys seniority. She has the added advantage of the experience of working with Dr Mutunga and Lady Justice Rawal, which makes her a strong contender.

Lady Justices Murgor and Okwengu on the other hand, could benefit from provisions on regional balance which top lawyers said should be a guiding principal to ensure that no region dominates appointments to constitutional offices.

“There are many women both in practice and in civil society as well as those in academia who have what it takes to hold those offices,” Ms Aura said, encouraging women to go for the highest seats.

“What we are looking for is a woman who stands out, one who is morally upright and qualified according to the requirements by the Judicial Service Commission (JSC).”

She lamented that the first two deputy CJs had very short stints and this has made it difficult for Kenyans to gauge their success or failure in office.

Law Society of Kenya (LSK) chairman Eric Mutua said that although the qualifications for a Deputy CJ are set out in the Constitution, the position calls for more than basic professional credentials.

“It needs a person who appreciates the workings and practice of law.

“I would, for instance, support the view that such a position be held by a Judicial officer who has had actual practice in law such as judges and practising lawyers as opposed to those who have spent all their time in the Civil Society,” he said.

An LSK Council member, Mr Dennis Mosota, said the post of Deputy CJ should not go to a young lawyer because one enjoys security of tenure and is likely to remain in the position for long.

ACTIVISTS

He said most practising lawyers and judges would be opposed to the idea of having an activist in such a position.

“The ideal person should be experienced but also one who can relate with lawyers and serving judicial officers.”

Although the Constitution has set a 10-year term limit for the CJ, it is silent on how long a Deputy CJ should serve.

However, Mr Mutua said that a constitutional office holder should serve for 10 years.
Lamenting that the first two Deputy CJs had served for very short stints, Mr Mutua said: “Ideally, one should be there long enough so that Kenyans can have a feel of their input in the administration of Justice.”

Last Saturday, the JSC said all judges who have attained the age of 70 and above will not preside over any case.

The position of the Deputy Chief Justice was advertised in last week’s edition of the Sunday Nation.

Lady Justice Rawal is due to retire from office on January 15, 2016.

The Judicial Service Commission said that due to the importance of the office of the Deputy Chief Justice and considering the long recruitment process involved, the commission had decided to advertise the position and commence the recruitment process to have a new DCJ in office by the time the current occupant retires.