Skip to main content

Beheading the Supreme Court: Glaring Flaws in the Kenyan Judicial System

Just after the retirement of David Maraga as the Chief Justice of Kenya, the judiciary has been thrown into a spin as Machakos court ruled that deputy chief justice Philomena Mwilu who also doubles as chief justice in acting capacity is not fit to hold that office due to allegations of graft leveled against her.
The constitution of Kenya failed to address the issue of transition in the office of the Chief Justice. Currently, there is a vacuum as the country has no substantive President of the Supreme Court. Ms Mwilu, serving in an acting capacity, has a baggage of corruption allegations that has come to hound her out of the judiciary.
Senior lawyers and political leaders castigated the Meru High Court verdict that barred Mwilu from holding the offices of deputy chief justice and acting chief justice as the directive has thrown the entire judiciary into quagmire.
The ruling has left the Supreme Court without any representative in the Judicial Service Commission. Former Vice President Kalonzo Musyoka aired his views concerning the verdict terming it as ‘shocking.’ Equally, Senate Minority leader James Orengo described the ruling as “a judicial act of terror.”
Makueni Governor Prof Kivutha Kibwana described the Meru ruling as a coup. He stated that: “Justice PJ Otieno has executed a coup de tat against the judiciary by beheading the Supreme Court.” Ms Mwilu has appealed the decision to remove her, and if the order will be overturned she will have a reprieve that will enable her continue to discharge her duties.


Comments

Popular posts from this blog

How Human Noise Kills Marine Species, as revealed by Scientists

Scientists have warned that the discord of noise made by humans is harming marine species .  A comprehensive assessment revealed that large noise from human activities was as harmful as pollution, overfishing and climate change .  The study that was conducted by the Journal Science exposed how marine animals can hear from far distances than they can see or smell. According to a report published in the Guardian, most of the marine life uses sound to catch prey as well as attracting a mating partner.  Prof Carlos Duarte of King Abdullah University in Saudi Arabia argued that: “Marine animal can only sea up to around 10 meters, smell up to around a hundred meters, but they can hear across the entire ocean basins.” The research concluded that sound “is very important in the marine ecosystems, and noise is pervasive, affecting animals at all levels .” The increasing cacophony in the marine habitat is interfering with how marine animals respond to various survival...

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), ...

Why Ruto will heavily rely on Mudavadi, Joho in his reelection bid

 When Kenya president William Ruto was almost overwhelmed with gen z revolt, his landmark decision was to dismiss the entire cabinet. This occurred immediately after his refusal to sign the Finance Bill 2024/2025. Ruto endeavored to reconstitute a new cabinet, dubbed broad-based executive. He incorporated key opposition figures drawn from the ODM Party - a move that appeased the doyen of opposition Raila Amollo Odinga. Cabinet Secretaries drawn from ODM included: Hassan Ali Joho, Wycliffe Ambetsa Oparanya, John Mbadi Ng'onga and James Opiyo Wandayi. ODM is as good as dead, and Raila's age factor limits him from flying the Party's presidential flag again and has opted out by contesting as Africa Union Commission (AUC) chairman. President Ruto will heavily rely on two members of his cabinet in his reelection bid. Both Musalia Mudavadi and Hassan Ali Joho are billionaires going by their own assertion while appearing before the Parliamentary Committee on Appointments. President...