8 November 2012

Kenya: Post of Kenya's Deputy CJ Advertised

Photo: Daily Nation
Judges taking the oath of office (file photo).

Nairobi — The Judicial Service Commission (JSC) has advertised the position of Deputy Chief Justice to fill the vacancy left by Nancy Baraza who resigned last month.

In the advert placed in the local dailies, applicants need to have a law degree from a recognised university and be admitted as an advocate of the High Court of Kenya.

A requirement of 15 years experience as a superior court judge was also stipulated, in addition to meeting the requirements of Chapter Six of the Constitution and be of high moral standards.

"The appointment shall be made in accordance with Article 166 of the Constitution of Kenya as read with the First Schedule of the Judicial Service Act 2011," the advertisement stated.

It added that the applicant must have demonstrated a high degree of professional competence, communication skills and good judgment in both legal and life experiences.

Baraza quit after abandoning an appeal she lodged following recommendations for her removal from the judiciary for misconduct.

She had appealed against a decision by a tribunal that investigated complaints lodged against her by security guard Rebecca Kerubo following an altercation at the Village Market on December 31 last year.

Baraza was accused of pinching Kerubo's nose and threatened her with a gun when the guard attempted to carry out a mandatory search on her.

The seven-member tribunal chaired by former Tanzania Chief Justice Augustine Ramadhani had advised President Mwai Kibaki to remove Baraza from office.

Her appeal was to be heard by a five-judge bench comprising Chief Justice Willy Mutunga, judges Smokin Wanjala, Jackton Ojwang, Philip Tunoi and Njoki Ndung'u.

When quitting, Baraza said she did not expect a fair hearing before the Supreme Court after comments made by the CJ.

She said her worries stemmed from a TV interview by Mutunga who endorsed findings of the tribunal against her.

"The Chief Justice in a recent television interview endorsed the tribunal recommendations against me which are the subject of my appeal. This has compound my fears that I will not get a fair trial before a bench in which he will participate," Baraza said at the time.

She added: "Although I preferred an appeal in the Supreme Court challenging the recommendations of the tribunal set up to probe my conduct, I do not see myself getting a fair and impartial hearing before the court as currently constituted."

Baraza maintained she was innocent and termed findings of the tribunal as "most injudicious and not founded on known legal principles."

Copyright © 2012 Capital FM. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 2,000 reports a day from more than 130 news organizations and over 200 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.