NAIROBI, Kenya, Jun 16 – Kenya has now constituted its first ever Supreme Court, after President Mwai Kibaki and Prime Minister Raila Odinga appointed judges to sit in the court.
President Kibaki and Mr Odinga on Thursday said they had appointed Justices Philip Tunoi, Jackton Ojwang’ Mohamed Ibrahim, Njoki Ndungu and Dr Smokin Wanjala to sit in the court upon advice of the Judicial Service Commission.
“Upon recommendation of the Judicial Service Commission and after due consultations and subject to articles 166(1)(b) and 163(1)(c) of the Constitution, it has been agreed that the following be appointed as Judges of the Supreme Court: Hon Mr Justice Philip Kiptoo Tunoi, Hon Mr Justice Jackton Boma Ojwang, Hon Mr Justice Mohamed Khadhar Ibrahim, Ms Njoki Ndungu Susanna, and Dr Smokin Wanjala,” a statement from the two leaders stated.
The country was on Thursday afternoon awaiting the appointment and subsequent swearing in of Dr Willy Mutunga, Nancy Baraza and Keriako Tobiko to the offices of Chief Justice, Deputy CJ and Director of Public Prosecutions respectively.
According to sources, the President was set to make the CJ, Deputy CJ and DPP appointments by Friday at the latest.
The names of Dr Mutunga, Ms Baraza and Mr Tobiko were approved by Parliament on Wednesday night after acrimonious debate.
Dr Mutunga will be the President of the Supreme Court while Ms Baraza will be the Vice President of the court.
This is the first time Kenya will have a Supreme Court which came about following the promulgation of the new Constitution in August last year.
The five judges of the Supreme Court appointed on Thursday were selected from a shortlist of 26 candidates.
According to the Constitution, the Supreme Court shall have exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President.
It shall also have appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by the national legislation.
The Constitution further states that appeals shall lie from the Court of Appeal to the Supreme Court as of right in any case involving interpretation or application of the Constitution and in any other case in which the Supreme Court or the Court of Appeal certifies that a matter of general public importance is involved.
All courts will be bound by the decisions of the Supreme Court.
The Judicial Service Commission is expected to begin the selection process for new High Court judges next month, an exercise that will last six weeks.
Meanwhile, a day after Parliament endorsed the nomination of Mr Tobiko as Director of Public Prosecutions, human rights groups have gone to court to block his formal appointment by President Mwai.
Kenya Youth Parliament, Kenya Youth League and Patrick Njuguna filed an urgent application at the Milimani Laws Courts on Thursday.
They want the appointment of Mr Tobiko deferred until all the allegations and complaints raised against him by members of public are fully investigated and cleared by relevant government authorities.
On Wednesday MPs amended a recommendation by the Parliamentary Committee charged with vetting of the judicial nominees that called for a probe into the claims. In the amendment, MPs deleted recommendations that called for further investigations into allegations of misconduct against Mr Tobiko.
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