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By Mzalendo Contributor - Moreen Majiwa (@mmajiwa)
8 out of the 10 applicants for Chief Justice, most of whom are sitting judges of the Court
of Appeal have been interviewed; Alnashir Visram, Lee Mutonga, Samuel Bosire, Riaga
Omollo, John Nyamu, Kiplana Rawal, Paul Kihara and Dr. Willy Mutunga,
The ongoing public interviewing of candidates for the position of Chief Justice represents
several firsts for the country in terms of competitive applications for the position as well as
the public scrutiny in the selection of a Chief Justice.
Under the old constitution the president selected and appointed the Chief Justice
in a closed door process with the public having little or no information on the selection
procedure. In this new dispensation the interviews for the next Chief Justice are being televised
live, giving any Kenyan with a television a metaphorical front row seat at each of the
candidates’ interviews.
Its been interesting to see candidates responses to questions on temperament, former
judgements, contact with litigants particularly powerful ones, past actions, wealth,
academic and professional records.
So far the interviews elicit two varying views. Some have described the interviews as
intimidating, humiliating and unfair to the candidates, while others have hailed the public
interview process as one that was way overdue.
The process has been rigorous and rightfully so. The Chief Justice, the highest ranking
member of judiciary and its head, will be in charge of reforming an institution in which
many Kenyans lost faith. No mean feat in country where most feel justice is not expedient
or is only for the powerful or rich. A judiciary with little popular legitimacy is spells trouble not only in terms of delivery
of justice day to day, but also in times of national crises; After the disputed presidential
elections in 2007 neither side had enough faith in the judiciary to seek judicial
intervention to decide the issue and currently less than half of the population trust the
judiciary to try the post election violence suspects.
Changing the public perception of the judiciary’s ability to deliver justice will require
a person who not only has the necessary technical expertise, but one who has expert
leadership and administrative skills as well as the highest levels of integrity. In a system
where there has been very little scrutiny of judges and where their conduct or decisions
are rarely questioned for fear of reprisal. Finding such a person can only be achieved
through a thorough and painstaking process in which there are bound to be difficult and
sometimes embarrassing questions about past actions, and judgements etc.
In my opinion the public interview process is good for accountability, transparency and
encouraging public participation in the search for the next Chief Justice and will certainly
go some way in restoring the publics confidence in the judiciary. In fact more holders of
high-ranking public offices should go through a similar process.
Are you following the interviews? What do you think?
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