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Kenya’s Quest for New Chief Justice: Unraveling Maraga’s Successor

The Judicial service Commission (JSC) began the process of seeking Kenya’s new Chief Justice (CJ) and President of the Supreme Court, on Monday April 12, 2021. 13 individuals applied for the CJ position, but after a thorough scrutiny 3 were dropped. 

The process began after the clearance of ten candidates wishing to succeed former Chief Justice David Kenani Maraga.

Among those cleared for interviews were: Justice Said Chitembwe, Prof Patricia Mbote, Justice Martha Koome, Justice David Marete Njagi, former DPP Philip Murgor, Justice Mathew Nduma Nderi, Senior Counsel Fred Ngatia, Justice William Ouko, Prof Moni Wekesa, and Alice Yano.

JSC interviewing panel

The interview panel was cast out of a nine-member bench drawn from JSC which includes: Prof Olive Mugenda (public representative/ JSC chairperson), Philomena Mwilu (acting Chief Justice), Agnes Amadi (Chief registrar of judiciary), Justice David Majanja (JSC commissioner), Justice Mohammed Warsame (JSC commissioner), Mercy Deche (Commissioner), Paul Kihara (Attorney General), Patrick Gichohi (Public Service Commission representative), Felix Kiptarus (public representative) and Macharia Njeru (Commisioner).

Former Chief Justice David Maraga handed over his judicial powers to Deputy Chief Justice Philomena Mwilu on an acting capacity pending the recruitment of a substantive Chief Justice.

JSC had also advertised for the position of the Supreme Court Judge. The position fell vacant with the retirement of Justice Jackton Boma Ojwang. Ojwang retired on February 2020 after attaining the mandatory retirement age of 70.

Candidates who were shortlisted for the position of Supreme Court judge include: Justice Said Chitembwe, Justice Martha Koome, Justice William Ouko, Justice Kathurima M’intoti, Justice Lumumba Nyaberi, Justice Nduma Nderi, Justice Joseph Sergon, and Alice Yano.

Profile of Each CJ Candidate

  1. Justice William Ouko: He is the current president of the Court of Appeal and has an extensive court experience. He was a District Magistrate before he rose to the current position. He has an experience of 33 years in the legal realm.

  2. Justice Martha Koome: Just like his counterpart, she also has an estimated 33 years of experience in the legal profession and previously served as a judge in Nyeri and Malindi before relocating to Nairobi where she serves at the Appellate Court as a judge. She joined the judiciary in 2003 after serving as a human rights activist.

  3. Justice Said Juma Chitembwe: He has an experience of 29 years in the legal field. In 2009, he was appointed as a High Court judge.  In 2011, he was acquitted after being accused of Kshs.1.37 billion fraud and abuse of office.

  4. Justice Mathews Nduma Nderi: He has 31 years of experience in the legal field and currently serves at the Employment and Labor Relations Court in Nairobi. He previously served as the president of the Industrial Court of Swaziland.

  5. Justice David Marete Njagi: Just like Nderi, he also serves at the Industrial Court, but he is based at Nyeri. He previously served the same court in Nairobi, Kericho and Eldoret. His interest to be the next Chief Justice is banked on his 34 years of legal experience.

  6. Philip Murgor: He once served as the Public Prosecutor and will be banking on his 34 years’ experience in the legal arena.

  7. Senior Counsel Fred Ngatia: Among the CJ aspirants, he is the most experienced having a legal career that spans for a period of 41 years. In 2017, he represented President Uhuru Kenyatta in an election petition pitting him at the Supreme Court. This was after ODM leader Raila Odinga petitioned Uhuru’s win.

  8. Prof Patricia Mbote: She is among the three women applicants for the chief justice position. She is an academician with an experience of 30 years in the legal profession.

  9. Alice Yano: She has 25 years’ experience of practicing law and currently runs a law firm.

  10. Dr Moni Wekesa: He was admitted to the bar in 2004 and has experience of 16 years in the legal experience. He currently lectures at Daystar University. Among the CJ applicants, he is the least experienced.


Who will be Kenya’s Chief Justice?

JSC will base on a number of factors before deciding on who will be the next Chief justice of Kenya. Basing on the years of experience, Fred Ngatia has an edge over his competitors and would likely be chosen as the Chief Justice to succeed Maraga.

However, Ngatia faces a baggage of legal hurdles. Just before the commencement of the recruitment process, Murgor had written a letter to JSC arguing that Justice Mwilu and Ngatia had “a previous advocate-client relation.” His representation of Jubilee at the Supreme Court petition hearing is also his major undoing.

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