East African Center For Law & Justice


Controversial CJ Nominations

Following recent nominations of the new Chief Justice and the Deputy CJ, the President and Prime Minister who were scheduled to meet and discuss the two names forwarded to them by the Judicial Service Commission (JSC) have now endorsed them and waiting to forward the names to Parliament.

This comes amid mixed reactions from different parties who either agree or disagree with the selection of the two people named for the jobs; Dr. Willy Mutunga and Nancy Baraza respectively. After deliberation by the two principals, the nominees are to be forwarded to Parliament for approval.  If cleared, the names will be taken back to the Head of State who will then announce the next Chief Justice and the deputy.

Among the groups of people reacting to the nominations is the National Council of Churches Kenya (NCCK). In his speech, the General Secretary of NCCK Canon Karanja stated, "We the Kenyan Christian Church Leaders have supported and followed with keen interest the implementation of the new constitution. Of keen interest to us was the appointment of the Chief Justice in appreciation of the fact that the Judiciary will play a central role in determining not only the Judicial Philosophy of the nation but also the interpretation of the new constitution.

For this reason, the people of Kenya have a reason to be extra vigilant on the identity, personality, character, integrity, morality and philosophy of the persons appointed to head the Judiciary. The Chief Justice and the Deputy Chief Justice must be persons who by their credibility elicit the confidence and trust of all Kenyans. They must be people Kenyans can trust to expend their energies in building a stable, just and prosperous nation that is not bedeviled by social strife and immorality. Family stability and protection of life are core elements to the sustainability of any society.

However other political leaders have argued that the nominations were done according to the law and the two nominees are the right persons for the jobs, since they are not from the judiciary.



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