Explainer: CJs under 2010 constitution

Retired Chief Justices; Willy Mutunga and David Maraga (inset), and Court of Appeal Judge Lady Justice Martha Koome. [File, The Standard]

Martha Koome – Nominated for CJ post

• Born in 1960

• Admitted to the bar as an advocate of the High Court in 1987

• Started as a legal associate at Mathenge and Muchemi Advocates until 1993

• Started her own law firm in 2003

• Appointed a High Court Judge in 2003

• Promoted to the Court of Appeal in 2012

• Holds a Master of Laws in Public International Law from the University of London 2010

• Has a Bachelor of Laws from the University of Nairobi (1986)

• The United Nations recognised her on October 2020 with a runner-up award as UN Kenya Person of The Year 2020

• Nominated by the JSC for CJ post on April 27, 2021

What she said in the interview On backlog of cases:

“This is a problem and it needs to be solved immediately. Back then, we were few, but somehow we managed. Now we are many but cannot manage. What needs to happen is for every judge to have their own docket. We need a case management system.”

Judge Martha Koome at the Supreme court building, Wednesday, April 14, 2021, when she was interviewed for the post of Chief Justice. [Collins Kweyu, Standard]

On dilemma of 41 judges yet to be appointed by President

“This must be resolved through negotiations. We are independent as Judiciary and nobody should attempt to take its dependence. Therefore, when the right-hand doesn’t agree with what the left hand is doing (Kenyans), the body suffers. When I look at Judiciary, we are inter-dependent as far as delivery of service is concerned. Where do we come together? We will hold regular meetings with the Executive and Legislature to end the standoff. We must discuss this issue of the appointment of 41 judges with the President, find out where the problem is and resolve it.”

On visionary leadership

“I believe I am both. I start by seeing the objective of the bigger picture by what we want to achieve. Is it to clear the backlog of cases? My leadership is transformative. What I bring is local, regional, and international expertise to the role of CJ.”

On challenges as first woman CJ

“I believe the challenges are similar whether a male or female CJ.

It will be historic for the commission to nominate a woman for the office of Chief Justice. Leadership is gender-neutral. It doesn’t require a man or woman. It is skills that will deal with the challenges we face. You need managerial skills because you will be overseeing various things. As a lady, I appreciate that everybody brings something to the table.

Willy Mutunga

 • Appointed to the Supreme Court of Kenya on 22nd June, 2011

• Holds a Doctorate Degree in Jurisprudence obtained in 1992 from Osgoode Hall law School at York University in Toronto, Canada

• Obtained Bachelor of Laws (Honours) in 1971

• Obtained Master of Laws degree, University of Dar-es-Salaam in 1974

• Joined University of Nairobi as a law lecturer in October 1974

• Was University Staff Union Secretary-General from April 1979 to 1980

Retired Chief Justice Willy Mutunga.  [Courtesy]

• Detained for 16 months (1982-83) for his activism while at the University of Nairobi and for his work at the Legal Advice Centre (Kituo Cha Sheria)

• Served a tenure of five years Key career moments

• Oversaw the first presidential petition under the new dispensation in 2013 and delivered ruling on the presidential petition in less than five minutes

• Never wore white wigs as a Chief Justice

• Introduced the green robes for judges, the first of its kind, doing away with the colonial red robes and white wigs

• Credited for reforming the Judiciary, including: • Expanding physical infrastructure • Restoring trust in the institution

• Hailed for decentralisation of the Employment and Labour Relations Court in 2012 to cover Mombasa, Kisumu, Nakuru, Nyeri and Kericho Critics say

• He failed to unite the Judiciary

David Maraga

• Born January 12, 1959

• Admitted to the role of advocates in 1978

• Had a career spanning 42 years

• Served as judge of Kenya’s two Superior Courts for about 13 years • Master of Laws Degree (LLM) from the University of Nairobi

• Has a Bachelor of Laws Degree (LLB) from the University of Nairobi

• Diploma in legal practice from the Kenya School of Law

Retired Chief Justice David Maraga. [Boniface Okendo,Standard]

• Appointed CJ on October 19, 2016, Key career moments

• Second CJ under the new constitution

• Reintroduced red robes and wigs as official judges’ attire

• Led majority decision that led to the nullification of the 2017 presidential election • First presidential election to be annulled in Kenya and entire Africa

• 2017 decision put him at loggerheads with President Uhuru Kenyatta

• He spoke out against major budgetary cuts

• On September 2020 he advised President Kenyatta to dissolve the country’s legislature for failing to pass affirmative action laws

• Protested publicly over decision by the president not to appoint 41 judges Credited for: • Described as incorruptible CJ, an anti-graft hero • Praised for an expanded Judiciary and dramatically reducing backlog of cases

• Some described his tenure as one that fostered integrity Critics say

• He was weak, a poor leader and incompetent administratively and in judicial pronunciations

• Accused of micro-management

• Accused of failing to bridge the gap between theory and practice of law during his tenure.