History in the making, First Kenyan Woman Chief Justice endures Parliamentary Vetting

Chief Justice nominee Martha Koome was vetted by the Justice and Legal Affairs Committee (JLAC) on Thursday. If approved by the Parliamentary Committee, she will become the first Kenyan woman holder of the Chief Justice position.

The composed CJ nominee met an approving JLAC, which gave her an early satisfaction as she responded to the questions raised. Suna East Junet Mohamed split everything, when the Chair sought to know the significance of the foot noise that was made by the MPs.

Ms Koome is set to become the fifteenth Chief Justice of Kenya. Parliamentary approval will pave way for the subsequent appointment and swearing in as the Chief Justice. After parliamentary endorsement her name will be forwarded to President Uhuru Kenyatta.

The position of a chief justice is recognized among the three arms of government. A Chief Justice doubles as the President of the Supreme Court and is ranked fourth in the government pecking order. The President is the first followed by the Deputy President and Speakers of the bicameral parliament.

Hurdles Koome Faced

Koome is credited for her 33 years of legal experience. Her rise to the position of Chief Justice witnessed a few hurdles. The ‘GEMA’ undertones came to the fore, as some Kenyans questioned how the three arms of the government can be coined from representatives from the agikuyu (president), ameru (Chief Justice) and the aembu (Speaker).

Some political pundits underpinned the coincidence to 2022 succession politics. Is President Uhuru Kenyatta on a mission to influence his successor? Politics is a tribal game, and will always gravitate around ethnic equation.

It was also challenged that Chief Justice and Deputy Chief Justice must not be of the same gender. Deputy Chief Justice Philomena Mwilu and Chief Justice designate Martha Koome are both women. The question of gender was brought to the fore of Parliamentary vetting by the self-proclaimed people’s Chief Justice, Vice Chairperson of JLAC TJ Kajwang’.

TJ Kajwang’ who serves as Ruaraka legislator asked the CJ nominee how she will protect her integrity as an advocate of gender matters, if she accedes to making it a reality of becoming the female Chief Justice to be deputized a fellow woman.

Martha had acclaimed her appointment to the achievement of two-third gender rule at the apex Court. Her appointment will increase the number of women Judges in the Supreme to three with four men. 

The Suitability of Martha Koome

Martha Koome was the most suitable candidate for the position of Chief Justice. The choice of woman was a landmark departure from the tradition of having male Chief Justices. 

During her vetting in Parliament, Koome introduced herself as an active participant of the 2010 constitution of Kenya process. She credited herself for participating in the Kamukunji, Ufungamano and Bomas constitutional talks that gave birth to the current constitution of Kenya. 

The former Human Rights crusader is set to enter office at a time when there is a sour relationship between the Executive and Judiciary wing of the Government. She promised Parliament that she will task them with a Bill that will enhance a working relation between the three arms of government.

Former Chief Justice David Maraga and President Uhuru Kenyatta severed ties when the 2017 presidential results were nullified in case filed by Raila Odinga and his ODM Party. A collision course was set when the Executive facilitated the judiciary’s budget cut process. It is a wait-to-see if Koome will pacify the tense relation between the Executive and the Judiciary.

Justice Koome is known for her advocacy for children rights. In 2020, Koome was a runner-up for the UN’s Kenya Person of the Year Award for her advocacy to the rights of children in the justice system. She developed a book on gender based violence that has been in use for a while now. 

Historic Moment for Kenyan Women

The nomination of Martha Koome as Kenya’s Chief Justice was a momentous moment for Kenyan women. The historic timing almost coincided with the swearing in of Samia Suluhu Hassan as the president of the neighboring Tanzania.

Suluhu had been sworn in to succeed President John Pombe Magufuli who had died while in office. President Suluhu was the Vice President of Tanzania during Magufuli’s tenure.

Koome trounced nine other candidates to be nominated for the Chief Justice position. Senior Counsel Fred Ngatia alleged that he was rigged out after the Judicial Service Commission (JSC) received a call from above.

The other candidates for the Chief Justice position were Justice William Ouko, Justice Said Juma Chitembwe, Justice Mathews Nduma Nderi, Justice David Marete Njagi, Philip Murgor,Prof Patricia Mbote, Alice Yano and Dr Moni Wekesa.

Justice William Ouko missed the CJ slot, but was nominated to the Supreme Court as a Judge. Ouko replaces Jackton Ojwang who retired last year as a Judge of the Supreme Court.