Author Topic: Strange - No one in Supreme Court want to be CJ.  (Read 3977 times)

Offline RV Pundit

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Strange - No one in Supreme Court want to be CJ.
« on: February 10, 2021, 07:08:58 PM »
https://www.the-star.co.ke/news/2021-02-10-mwilu-supreme-court-judges-keep-off-chief-justice-race/

Offline RV Pundit

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #1 on: February 10, 2021, 07:11:57 PM »
Applicants. Koome, Murgor.

And The other 11 applicants are Prof Otinga Mare; Prof. Dr. Dr. Moni Wekesa; Justice William Ouko; Justice D.K. Marete; Alice Jepkoech Yano; Justice Mathew N. Nduma; Senior Counsel Ngatia Fredrick; Prof Patricia K. Mbote; Said Juma Chitembwe; Otondi Ontweka and Ombongi Brian Matagaro.

Personally I'd got for Koome or Justice Ouko - I find most of their ruling well reasoned - the Murgor/Ngatia have perception issues.



Offline patel

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #2 on: February 10, 2021, 07:34:26 PM »
in the end..who does the system favor?

Offline RV Pundit

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #3 on: February 10, 2021, 09:24:24 PM »
System has few votes. The real system here is the judiciary - because every division of the court has rep - magistrate, high court, supreme court and court of appeal plus mwilu. That makes 5. Nearly half of 10 member JSC - with registar not voting.

 Next is LSK 2. Attorney gen. And two rep for the public. PSC.


Dr. Mercy Mwara Deche, Advocate of the High Court of Kenya - Elected by, and representing the Law Society of Kenya, elected Vice Chair of the Commission, currently the Acting Chair of the Commission
Justice Philomena Mwilu, Deputy Chief Justice, Judge of the Supreme Court of Kenya - Elected by, and representing Judges of the Supreme Court
Justice Mohamed Warsame, Judge Court of Appeal of Kenya - Elected by, and representing Judges of the Court of Appeal
Justice David Majanja, Judge of the High Court of Kenya - Elected by, and representing Judges of the High Court
Justice Rtd. Paul Kihara Kariuki, Attorney General of the Republic of Kenya - Ex Officio
Mr. Patrick Gichohi - Representing Public Service Commission
Hon. Evalyne Olwande, Chief Magistrate - Elected by, and representing Magistrates
Mr. Macharia Njeru, Advocate of the High Court of Kenya - Elected by, and representing the Law Society of Kenya
Mr. Felix Kiptarus - Nominated by the President, representing members of the public
Prof. Olive Mugenda - Nominated by the President, representing members of the public
Ms. Anne Amadi, Chief Registrar of the Judiciary, Kenya - Secretary to the Commission


in the end..who does the system favor?

Offline Pragmatic

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #4 on: February 11, 2021, 12:13:31 PM »
System has few votes. The real system here is the judiciary - because every division of the court has rep - magistrate, high court, supreme court and court of appeal plus mwilu. That makes 5. Nearly half of 10 member JSC - with registar not voting.

 Next is LSK 2. Attorney gen. And two rep for the public. PSC.


Dr. Mercy Mwara Deche, Advocate of the High Court of Kenya - Elected by, and representing the Law Society of Kenya, elected Vice Chair of the Commission, currently the Acting Chair of the Commission
Justice Philomena Mwilu, Deputy Chief Justice, Judge of the Supreme Court of Kenya - Elected by, and representing Judges of the Supreme Court
Justice Mohamed Warsame, Judge Court of Appeal of Kenya - Elected by, and representing Judges of the Court of Appeal
Justice David Majanja, Judge of the High Court of Kenya - Elected by, and representing Judges of the High Court
Justice Rtd. Paul Kihara Kariuki, Attorney General of the Republic of Kenya - Ex Officio
Mr. Patrick Gichohi - Representing Public Service Commission
Hon. Evalyne Olwande, Chief Magistrate - Elected by, and representing Magistrates
Mr. Macharia Njeru, Advocate of the High Court of Kenya - Elected by, and representing the Law Society of Kenya
Mr. Felix Kiptarus - Nominated by the President, representing members of the public
Prof. Olive Mugenda - Nominated by the President, representing members of the public
Ms. Anne Amadi, Chief Registrar of the Judiciary, Kenya - Secretary to the Commission


in the end..who does the system favor?

Justice William Ouko will be your next CJ. He is an insider, knows the courts operation very well having been the previous chief registrar in Moi’s days. Has a few skeletons but he is the best and most capable among the applicants. He is also senior than most of the Supreme Court Judges...

It is unfortunate so many capable Kenyans gave this a wide path.

Offline RV Pundit

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #5 on: February 11, 2021, 12:19:37 PM »
They are basically two position - Supreme Court Judge and CJ - and for me the frontrunners here would be Ouko and Koome - so I expect if one miss the other - they will get SCORK judge.

I really wish Lenaola would have applied for CJ.

Justice William Ouko will be your next CJ. He is an insider, knows the courts operation very well having been the previous chief registrar in Moi’s days. Has a few skeletons but he is the best and most capable among the applicants. He is also senior than most of the Supreme Court Judges...

It is unfortunate so many capable Kenyans gave this a wide path.

Offline Pragmatic

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #6 on: February 11, 2021, 12:35:47 PM »
They are basically two position - Supreme Court Judge and CJ - and for me the frontrunners here would be Ouko and Koome - so I expect if one miss the other - they will get SCORK judge.

I really wish Lenaola would have applied for CJ.

Justice William Ouko will be your next CJ. He is an insider, knows the courts operation very well having been the previous chief registrar in Moi’s days. Has a few skeletons but he is the best and most capable among the applicants. He is also senior than most of the Supreme Court Judges...

It is unfortunate so many capable Kenyans gave this a wide path.

So bet on Bill being the CJ and Koome Supreme Court judge. Also very likely from this that Koome could eventually take Deputy CJ; Mwilu will most likely not survive the rap, besides she is too shallow!

Lenaola is still “young”.... 53. He will get it after Bill and lest we forget Lenaola is the reason the chapter 6 of the constitution was watered down and trashed completely; he is the reason Kenya was saddled with the incompetence that is UhuRuto... his ruling allowed UhuRuto to run. He was so afraid to make judgement that he postponed it so many times....

Both gentlemen are decent human beings though.

Offline Omollo

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #7 on: February 11, 2021, 06:59:26 PM »
It is disappointing that Koome may end up on the bench. We will have an additional mediocre judge whose only asset is her ethnicity, gender and lack of a backbone. She'll join Njoki Ndungu who I continue to say has absolutely no business at the Supreme Court
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Nowayhaha

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #8 on: February 11, 2021, 07:10:13 PM »
The JSC has been captured by Government and funny enough DCJ is now pro government. She complicated the matrix for Koome by refusing to run for CJ seat . Ngatia might be rewarded by the pro go ernment JSC and tribal balancing and having 3 women is supreme court will play against Koome.


It is disappointing that Koome may end up on the bench. We will have an additional mediocre judge whose only asset is her ethnicity, gender and lack of a backbone. She'll join Njoki Ndungu who I continue to say has absolutely no business at the Supreme Court

Offline Omollo

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #9 on: February 12, 2021, 11:00:45 AM »
I wanted Lenaola but he'd not function under Uhuru Kenyatta. He's 53 and would have to return to the bench at 59 and mark time for 11 long years. So he has plenty of time to prepare.

I have nothing against Ngatia. He's very smart. Was always smart in school (I should know we had many "fights" in debates and so on.) I expected my other sparring mate- Musinga to apply except the supreme court of Kenya appears a jurisprudence & legal intellect graveyard.  All cases are political and therefore subject to extraneous interference which denies a bright judge the chance to shine his knowledge on the practice of law. Musinga is best remaining at the Court of Appeal which will hopefully become less reactionary when the likes of Nambuye (a really thick skull) retire next year after their understated age catches up with them.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline audacityofhope

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #10 on: February 12, 2021, 01:33:03 PM »
@Omollo, I don't get your drift here. Uhuru is gone 2022, why should Lenaola serve only one-term and not two??
Since you came back, you seem to have arrived without your previous shine.  :-\
Quote
167. Tenure of office of the Chief Justice and other judges:
(1) A judge shall retire from office on attaining the age of seventy years, but may elect to retire at any time after attaining the age of sixty-five years.

(2) The Chief Justice shall hold office for a maximum of ten years or until retiring under clause (1), whichever is the earlier.

(3) If the Chief Justice's term of office expires before the Chief Justice retires under clause (1), the Chief Justice may continue in office as a judge of the Supreme Court.

I wanted Lenaola but he'd not function under Uhuru Kenyatta. He's 53 and would have to return to the bench at 59 and mark time for 11 long years. So he has plenty of time to prepare.

I have nothing against Ngatia. He's very smart. Was always smart in school (I should know we had many "fights" in debates and so on.) I expected my other sparring mate- Musinga to apply except the supreme court of Kenya appears a jurisprudence & legal intellect graveyard.  All cases are political and therefore subject to extraneous interference which denies a bright judge the chance to shine his knowledge on the practice of law. Musinga is best remaining at the Court of Appeal which will hopefully become less reactionary when the likes of Nambuye (a really thick skull) retire next year after their understated age catches up with them.
I wanted Lenaola but he'd not function under Uhuru Kenyatta. He's 53 and would have to return to the bench at 59 and mark time for 11 long years. So he has plenty of time to prepare.

I have nothing against Ngatia. He's very smart. Was always smart in school (I should know we had many "fights" in debates and so on.) I expected my other sparring mate- Musinga to apply except the supreme court of Kenya appears a jurisprudence & legal intellect graveyard.  All cases are political and therefore subject to extraneous interference which denies a bright judge the chance to shine his knowledge on the practice of law. Musinga is best remaining at the Court of Appeal which will hopefully become less reactionary when the likes of Nambuye (a really thick skull) retire next year after their understated age catches up with them.
I wanted Lenaola but he'd not function under Uhuru Kenyatta. He's 53 and would have to return to the bench at 59 and mark time for 11 long years. So he has plenty of time to prepare.

I have nothing against Ngatia. He's very smart. Was always smart in school (I should know we had many "fights" in debates and so on.) I expected my other sparring mate- Musinga to apply except the supreme court of Kenya appears a jurisprudence & legal intellect graveyard.  All cases are political and therefore subject to extraneous interference which denies a bright judge the chance to shine his knowledge on the practice of law. Musinga is best remaining at the Court of Appeal which will hopefully become less reactionary when the likes of Nambuye (a really thick skull) retire next year after their understated age catches up with them.
I wanted Lenaola but he'd not function under Uhuru Kenyatta. He's 53 and would have to return to the bench at 59 and mark time for 11 long years. So he has plenty of time to prepare.

I have nothing against Ngatia. He's very smart. Was always smart in school (I should know we had many "fights" in debates and so on.) I expected my other sparring mate- Musinga to apply except the supreme court of Kenya appears a jurisprudence & legal intellect graveyard.  All cases are political and therefore subject to extraneous interference which denies a bright judge the chance to shine his knowledge on the practice of law. Musinga is best remaining at the Court of Appeal which will hopefully become less reactionary when the likes of Nambuye (a really thick skull) retire next year after their understated age catches up with them.
I wanted Lenaola but he'd not function under Uhuru Kenyatta. He's 53 and would have to return to the bench at 59 and mark time for 11 long years. So he has plenty of time to prepare.

I have nothing against Ngatia. He's very smart. Was always smart in school (I should know we had many "fights" in debates and so on.) I expected my other sparring mate- Musinga to apply except the supreme court of Kenya appears a jurisprudence & legal intellect graveyard.  All cases are political and therefore subject to extraneous interference which denies a bright judge the chance to shine his knowledge on the practice of law. Musinga is best remaining at the Court of Appeal which will hopefully become less reactionary when the likes of Nambuye (a really thick skull) retire next year after their understated age catches up with them.

Offline RV Pundit

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #11 on: February 12, 2021, 02:43:03 PM »
Ngatia would be best if only he didn't follow the money...we need either career judges or folks with human rights backgrounds or academia..not commercial lawyers ..for this is a public service job

Offline Nowayhaha

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Re: Strange - No one in Supreme Court want to be CJ.
« Reply #12 on: February 17, 2021, 11:32:28 AM »
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