• Home
  • News
  • Business
  • Entertainment
  • Lifestyle
  • Politics
  • Sports
  • Tech
  • World
Tuesday, August 9, 2022
Kenyan Bulletin
No Result
View All Result
  • Home
  • News

    Uhuru Makes Last Minute U-turn On Nation Address

    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    KenGen posts Sh5b half-year profit

    “Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

    “Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

    EACC recovers grabbed land worth over Sh400 million in Nairobi

    Police find the remains of Mwendwa

    Police find the remains of Mwendwa

    Kenyans are wondering why Chebukati has not replied to DCI

    Kenyans are wondering why Chebukati has not replied to DCI

    Co-op Bank’s Goodhome Mortgage Property Hub

    Centum Re Announces Sh650M Operating Profit For Year Ended March 2022

  • Business
    How Minet positively touched the lives of 8000 Teachers

    How Minet positively touched the lives of 8000 Teachers

    KenGen posts Sh5b half-year profit

    How Jayesh Saini transformed Healthcare in Kenya

    How Jayesh Saini transformed Healthcare in Kenya

    How Centum RE made Ksh3.8 billion

    KenGen reports on the Ethiopia Project

    KenGen reports on the Ethiopia Project

    How Centum PLC bagged Ksh1.8 billion

    How Centum PLC bagged Ksh1.8 billion

    Centum PLC’s Financial Investments and History

    Metropolitan National Sacco offers low interest loans

    KenGen hosts clean energy peak

  • Entertainment

    Here is the Carrie Wahu video that drove netizens crazy

    DCI having a great moment at Bishop Luigi Locati children’s home

    Tragic Road Accident Claims Lives of Two Upcoming Instagram Influencers

    Professor Jay’s health continues to deteriorate: This is how he landed in ICU

    VIDEO: David Murathe’s son takes over Eric Omondi’s ex-girlfirend Chantal Grazioli

    Raunchy socialite seeking endorsement by ODM for Nairobi Women Rep seat 

    KoT exposes Rose Muhando’s Sexcape in Kenya

    KoT exposes Rose Muhando’s Sexcape in Kenya

    Miracle Baby: Mwalimu Rachel took everything from Sailors

    Viral Video of a couple having a quickie on the Roadside

    Viral Video of a couple having a quickie on the Roadside

  • Lifestyle
    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    How Jayesh Saini transformed Healthcare in Kenya

    How Jayesh Saini transformed Healthcare in Kenya

    Zainab: My horrible experience in Zanzibar as a young solo female traveler

    Zainab: My horrible experience in Zanzibar as a young solo female traveler

    DCI having a great moment at Bishop Luigi Locati children’s home

    Foreigner caught sodomizing an iPad thief

    Foreigner caught sodomizing an iPad thief

    Why saving money for children early is important

    Energy Champion KenGen plants 7000 indigenous trees

    Energy Champion KenGen plants 7000 indigenous trees

    KoT exposes Rose Muhando’s Sexcape in Kenya

    KoT exposes Rose Muhando’s Sexcape in Kenya

    3 most evil Kenyan women leading corporates

    3 most evil Kenyan women leading corporates

  • Politics

    IEBC suspends gubernatorial elections in Mombasa, Kakamega

    Azimio acquires new propaganda machine as elections draw closer

    Murkomen: Uhuru tortured Ruto for four years

    How Kenya Kwanza plans to reduce the cost of living

    Uhuru entry into campaigns is killing Raila’s finishing power

    DP Ruto makes a bare-knuckle response to Uhuru threats

    Ruto reveals why gov’t withdrew police from Kerio Valley

    Wajackoyah goes Odinga way as he shivers from Mwaure duel

    Wajackoyah goes Odinga way as he shivers from Mwaure duel

    Raila becomes the biggest coward for boycotting Ruto duel

  • Sports
    WRC Champion Maxine Wahome feted

    WRC Champion Maxine Wahome feted

    Sponsors forces a Russian billionaire to sell his EPL club

    Titus Maero: Depressed NMG journalist commits suicide  

    Manchester United youngster Mason Greenwood arrested over rape and assault allegations

    Video: Musalia Mudavadi mourns

    Video: Musalia Mudavadi mourns

    Harambee Stars no. 1 fan hacked to Death

    Harambee Stars no. 1 fan hacked to Death

    Kimanzi exits cash-strapped Wazito

    Formula 1 maestro Lewis Hamilton receives knighthood

    Formula 1 maestro Lewis Hamilton receives knighthood

    WATCH: Harambee Stars goalkeeper Brian Bwire accused of match-fixing Uganda game

    WATCH: Harambee Stars goalkeeper Brian Bwire accused of match-fixing Uganda game

  • Tech
    How Centum Has Helped Bridge The Youth Unemployment Gap

    How Centum Has Helped Bridge The Youth Unemployment Gap

    BlackBerry to terminate service on old devices at midnight

    BlackBerry to terminate service on old devices at midnight

    KenGen to inject more Megawatts into National Grid

    Metaverse will revolutionize your ability to be a jerk

    Metaverse will revolutionize your ability to be a jerk

    Facebook’s App name will not be Changed

    Facebook’s App name will not be Changed

    Top Euro2020 bonuses for Bangbet punters as Kariakor driver wins Sh100k

    Kenyan Social Media giant Gscroll hits a Milestone

    Kenyan Social Media giant Gscroll hits a Milestone

    How to setup Rafiki by Securex Home Security System

    How to setup Rafiki by Securex Home Security System

    New Cybersecurity Attacks Target Africa and Middle East Diplomatic Missions

    New Cybersecurity Attacks Target Africa and Middle East Diplomatic Missions

  • World

    Fact Check: Truth about China’s “artificial sun”

    Former Silicon Valley Star Elizabeth Holmes Found Guilty In Theranos Fraud Trial

    Former Silicon Valley Star Elizabeth Holmes Found Guilty In Theranos Fraud Trial

    Prime Minister Hamdok resigns

    Prime Minister Hamdok resigns

    Reactions as Archbishop Desmond Tutu bows

    Reactions as Archbishop Desmond Tutu bows

    Heart breaking Photos as Rai Kills 208 People

    Heart breaking Photos as Rai Kills 208 People

    4 Lecturers in trouble after a leaked Sextape

    4 Lecturers in trouble after a leaked Sextape

    Bomb kills a Pregnant Journalist in the Coast

    Bomb kills a Pregnant Journalist in the Coast

    Malala marries the Nobel Price Winner

    Malala marries the Nobel Price Winner

    8 Prophets drown to death during Baptism

    8 Prophets drown to death during Baptism

  • Home
  • News

    Uhuru Makes Last Minute U-turn On Nation Address

    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    KenGen posts Sh5b half-year profit

    “Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

    “Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

    EACC recovers grabbed land worth over Sh400 million in Nairobi

    Police find the remains of Mwendwa

    Police find the remains of Mwendwa

    Kenyans are wondering why Chebukati has not replied to DCI

    Kenyans are wondering why Chebukati has not replied to DCI

    Co-op Bank’s Goodhome Mortgage Property Hub

    Centum Re Announces Sh650M Operating Profit For Year Ended March 2022

  • Business
    How Minet positively touched the lives of 8000 Teachers

    How Minet positively touched the lives of 8000 Teachers

    KenGen posts Sh5b half-year profit

    How Jayesh Saini transformed Healthcare in Kenya

    How Jayesh Saini transformed Healthcare in Kenya

    How Centum RE made Ksh3.8 billion

    KenGen reports on the Ethiopia Project

    KenGen reports on the Ethiopia Project

    How Centum PLC bagged Ksh1.8 billion

    How Centum PLC bagged Ksh1.8 billion

    Centum PLC’s Financial Investments and History

    Metropolitan National Sacco offers low interest loans

    KenGen hosts clean energy peak

  • Entertainment

    Here is the Carrie Wahu video that drove netizens crazy

    DCI having a great moment at Bishop Luigi Locati children’s home

    Tragic Road Accident Claims Lives of Two Upcoming Instagram Influencers

    Professor Jay’s health continues to deteriorate: This is how he landed in ICU

    VIDEO: David Murathe’s son takes over Eric Omondi’s ex-girlfirend Chantal Grazioli

    Raunchy socialite seeking endorsement by ODM for Nairobi Women Rep seat 

    KoT exposes Rose Muhando’s Sexcape in Kenya

    KoT exposes Rose Muhando’s Sexcape in Kenya

    Miracle Baby: Mwalimu Rachel took everything from Sailors

    Viral Video of a couple having a quickie on the Roadside

    Viral Video of a couple having a quickie on the Roadside

  • Lifestyle
    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

    How Jayesh Saini transformed Healthcare in Kenya

    How Jayesh Saini transformed Healthcare in Kenya

    Zainab: My horrible experience in Zanzibar as a young solo female traveler

    Zainab: My horrible experience in Zanzibar as a young solo female traveler

    DCI having a great moment at Bishop Luigi Locati children’s home

    Foreigner caught sodomizing an iPad thief

    Foreigner caught sodomizing an iPad thief

    Why saving money for children early is important

    Energy Champion KenGen plants 7000 indigenous trees

    Energy Champion KenGen plants 7000 indigenous trees

    KoT exposes Rose Muhando’s Sexcape in Kenya

    KoT exposes Rose Muhando’s Sexcape in Kenya

    3 most evil Kenyan women leading corporates

    3 most evil Kenyan women leading corporates

  • Politics

    IEBC suspends gubernatorial elections in Mombasa, Kakamega

    Azimio acquires new propaganda machine as elections draw closer

    Murkomen: Uhuru tortured Ruto for four years

    How Kenya Kwanza plans to reduce the cost of living

    Uhuru entry into campaigns is killing Raila’s finishing power

    DP Ruto makes a bare-knuckle response to Uhuru threats

    Ruto reveals why gov’t withdrew police from Kerio Valley

    Wajackoyah goes Odinga way as he shivers from Mwaure duel

    Wajackoyah goes Odinga way as he shivers from Mwaure duel

    Raila becomes the biggest coward for boycotting Ruto duel

  • Sports
    WRC Champion Maxine Wahome feted

    WRC Champion Maxine Wahome feted

    Sponsors forces a Russian billionaire to sell his EPL club

    Titus Maero: Depressed NMG journalist commits suicide  

    Manchester United youngster Mason Greenwood arrested over rape and assault allegations

    Video: Musalia Mudavadi mourns

    Video: Musalia Mudavadi mourns

    Harambee Stars no. 1 fan hacked to Death

    Harambee Stars no. 1 fan hacked to Death

    Kimanzi exits cash-strapped Wazito

    Formula 1 maestro Lewis Hamilton receives knighthood

    Formula 1 maestro Lewis Hamilton receives knighthood

    WATCH: Harambee Stars goalkeeper Brian Bwire accused of match-fixing Uganda game

    WATCH: Harambee Stars goalkeeper Brian Bwire accused of match-fixing Uganda game

  • Tech
    How Centum Has Helped Bridge The Youth Unemployment Gap

    How Centum Has Helped Bridge The Youth Unemployment Gap

    BlackBerry to terminate service on old devices at midnight

    BlackBerry to terminate service on old devices at midnight

    KenGen to inject more Megawatts into National Grid

    Metaverse will revolutionize your ability to be a jerk

    Metaverse will revolutionize your ability to be a jerk

    Facebook’s App name will not be Changed

    Facebook’s App name will not be Changed

    Top Euro2020 bonuses for Bangbet punters as Kariakor driver wins Sh100k

    Kenyan Social Media giant Gscroll hits a Milestone

    Kenyan Social Media giant Gscroll hits a Milestone

    How to setup Rafiki by Securex Home Security System

    How to setup Rafiki by Securex Home Security System

    New Cybersecurity Attacks Target Africa and Middle East Diplomatic Missions

    New Cybersecurity Attacks Target Africa and Middle East Diplomatic Missions

  • World

    Fact Check: Truth about China’s “artificial sun”

    Former Silicon Valley Star Elizabeth Holmes Found Guilty In Theranos Fraud Trial

    Former Silicon Valley Star Elizabeth Holmes Found Guilty In Theranos Fraud Trial

    Prime Minister Hamdok resigns

    Prime Minister Hamdok resigns

    Reactions as Archbishop Desmond Tutu bows

    Reactions as Archbishop Desmond Tutu bows

    Heart breaking Photos as Rai Kills 208 People

    Heart breaking Photos as Rai Kills 208 People

    4 Lecturers in trouble after a leaked Sextape

    4 Lecturers in trouble after a leaked Sextape

    Bomb kills a Pregnant Journalist in the Coast

    Bomb kills a Pregnant Journalist in the Coast

    Malala marries the Nobel Price Winner

    Malala marries the Nobel Price Winner

    8 Prophets drown to death during Baptism

    8 Prophets drown to death during Baptism

No Result
View All Result
Kenyan Bulletin
No Result
View All Result
Home News

Africa: Political Virus Infecting Africa’s Judiciary

Kenyan Bulletin by Kenyan Bulletin
June 11, 2021
in News
Reading Time: 6 mins read
0
Share on FacebookShare on TwitterWhatsapp

[ad_1]

In Lesotho, five judicial nominations by the Judicial Service Commission were refused ratification by King Letsie III in September 2020. The government eventually appointed a new JSC headed by a new Chief Justice, but even that has failed to resolve the problem: citing financial difficulties, the government has put all new appointments on hold. As a report by the SADC Lawyers’ Association noted in March, the problems of Lesotho are about lack of resources almost more than anything else.

In Zimbabwe, where the rule of law is already in serious trouble, a new constitutional amendment extending the terms of office of certain judges, has caused a whole raft of legal challenges. The amendment allows the Chief Justice and other judges of the apex court to apply to the President for an extra five years. This is an application that the President may or may not grant, entirely at his discretion.

The first legal challenge against the extension of the term of office of Chief Justice Luke Malaba led to the court finding that neither he nor any other judge presently in office could benefit from the amendment, and that he had legally ceased to be CJ from his 70th birthday. One of the many problems raised by the decision was who should hear the appeal that was almost immediately filed against the outcome: all the then members of the Supreme Court had been cited in the first case since they, too, were affected by the constitutional amendment.

That question was resolved last week. Though an urgent application was brought during the week to prevent it, President Emmerson Mnangagwa appointed six new Supreme Court judges from the ranks of the High Court. The challenge had been based, on, among other grounds, a failure by the JSC to interview any candidates who might be considered for the position and who were not already members of the judiciary. Since Mnangagwa appointed only High Court judges to the Supreme Court, that argument would fail, and it is unclear whether the case will continue. Whatever happens, however, the picture that emerges is of an executive exercising undue influence over the judiciary and judicial appointments.

In Kenya, 41 judicial nominations have been waiting formal presidential ratification since mid-2019 (one of the nominees has died in the interim, however). President Uhuru Kenyatta hinted at ‘integrity concerns’ with certain candidates and he refused to act.

Despite a court order that the appointments could not be refused by the President, nor could the JSC be ordered to re-think its list, there has been no movement on the problem. Until last week. Out of the blue it appears, President Uhuru Kenyatta appointed or promoted 34 judges last week. The JSC’s nomination of six others was ignored. The previous CJ, David Maraga, had made his position clear: appoint all or none, he said.

Quite what, if anything, the new CJ, Martha Koome, might have told Kenyatta in private meetings is not clear. She participated fully in the swearing-in ceremony, however – even being seen making an apparent bow to Kenyatta, a gesture picked up and commented on in social media – along with all the 34 new appointees. But afterwards she issued a statement calling on the President to appoint the remaining six, saying there was a judicial shortage in Kenya and they were needed. Reaction to that statement from judicial commentators was sharp: the six had to be appointed, not primarily because of a shortage, they said, but because it was the law and because of the court judgment that had ordered them all to be appointed.

Legal steps have already begun to challenge these appointments – and non-appointments – and experts have been expressing their deep concern about the situation since the unexpected ceremony.

A Matter of Justice asked judge and academic, Key Dingake, who has written on the judicial appointments’ systems of Kenya, Botswana, South Africa and Swaziland (now Eswatini), for his views on the situation. Dingake, who began his judicial career in Botswana and now serves on the apex courts of Seychelles and Papua New Guinea, commented: ‘It is inimical to the rule of law, anywhere in the world, for a President to choose which law to obey or disregard.’ On the question of the President’s duty in relation to JSC nominations, he said, ‘A reading of the relevant sections of the Kenya 2010 constitution seems to suggest that the role of the President in the appointment of Judges is to rubber stamp the recommendations of the Judicial Service Commission. The function is purely ceremonial.’

One of the issues that concerns commentators is that among the six excluded judges are two who sat on the panel that recently found against Kenyatta’s Building Bridges Initiative (BBI), a plan that proposed wide-ranging changes to the country’s constitution. Kenyatta has not disguised his anger with the court’s decision, and many conclude that the exclusion of these two judges from promotion is a form of punishment for their decision. Commentators say it is to prevent personal favours – or the appearance of them – by the executive, that the constitution tasks the JSC with nominating candidates and leaves the President to rubber-stamp the commission’s expert decisions.

Like other commentators, Dingake also noted the problem of excluding from promotion the two judges involved in a decision critical of the President.  ‘Judges Joel Ngugi and George Odunga, who were part of the panel in the now famous BBI judgment case, but have been denied elevation to the Court of Appeal, are amongst the brightest judges you can find anywhere in the world,’ he said.

Perhaps, in a way, the problems in all these countries could have been anticipated. What no-one – not even human rights defenders working on the judiciary – appears to have expected, was the launch of new legal action in South Africa. It criticises the way the JSC handled the most recent crop of interviews, asks for a record of the actual closed-session deliberations, and requests that in the light of its alleged unfair and irrational process, the JSC should be ordered to re-consider the list of candidates whose names are sent to the President.

During the April JSC hearings, interviews with several candidates for positions on SA’s apex court had been controversial, seeming unfairly to raise what appeared to be irrelevant or extraneous issues. Sometimes it even appeared that the commissioners from political parties in particular were scoring points off each other via questions asked of the candidates, or were grandstanding by interrogating candidates in a way that would appeal to their political constituents.

As required by the Constitution, the JSC gave President Cyril Ramaphosa a shortlist of names from which to fill the two vacancies, but he has not yet done so. Then, out of the blue late last week, the Council for the Advancement of the Constitution (Casac) launched an urgent application challenging the JSC’s nominations of five candidates to fill the two vacancies on the constitutional court.

Sign up for free AllAfrica Newsletters

Get the latest in African news delivered straight to your inbox


Success!

Almost finished…

We need to confirm your email address.

To complete the process, please follow the instructions in the email we just sent you.


Error!

There was a problem processing your submission. Please try again later.

Analysing the way questions were put to certain candidates in particular – some included and others not included among the five recommended to the President – Casac said commissioners had not behaved properly; instead, they had been engaged in an unfair and irrational process, ambushing candidates, and indulging in ‘naked political point settling’. The upshot was that commissioners did not approach their task of choosing candidates ‘with an open mind’.

READ ALSO

Uhuru Makes Last Minute U-turn On Nation Address

Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

Both by implication and directly, the application criticises the CJ for allowing – and himself indulging in – improper lines of questioning, instead of protecting candidates from the harassment of politicians and maintaining the decorum and dignity of the interviews.

Although unexpected, the application is a timely and useful intervention, highlighting irregularities that the public watching the interviews has, wrongly, come to accept as normal, simply because they happen during many JSC hearings.

The application and the analysis on which it is founded has to be a lesson for the JSC and its chairperson on how proceedings ought to be conducted and what ought not to be tolerated. And it is no mere academic argument: the timing of the application means that the President is likely to delay any announcement of who will fill the vacancies until after the matter is finally settled. Given that two appeals would be possible after the High Court decides the matter, the vacant seats on the Constitutional Court are likely to be warmed by acting appointees for a considerable time.

[ad_2]

Source link

Join our Telegram channel for breaking news, entertainment news and so much more.

Comments

comments

Share this:

  • Twitter
  • Facebook
ShareTweetSend

Related Posts

News

Uhuru Makes Last Minute U-turn On Nation Address

August 8, 2022
Uproar as CS Kagwe appoints Gikuyu only to medics lab Board
Lifestyle

Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

August 7, 2022
Business

KenGen posts Sh5b half-year profit

August 4, 2022
“Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger
News

“Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

August 1, 2022
News

EACC recovers grabbed land worth over Sh400 million in Nairobi

July 29, 2022
Police find the remains of Mwendwa
News

Police find the remains of Mwendwa

July 27, 2022
Next Post
‘I Miss You Badly’ Sherlyne Anyango Writes Back To Obinna After Breaking Up With Him

'I Miss You Badly' Sherlyne Anyango Writes Back To Obinna After Breaking Up With Him

Popular Articles

  • Uhuru Makes Last Minute U-turn On Nation Address

    0 shares
    Share 0 Tweet 0
  • Video: Patrick Ayoyi Records Himself Defiling Minor

    865 shares
    Share 865 Tweet 0
  • Malala marries the Nobel Price Winner

    0 shares
    Share 0 Tweet 0
  • Agencies urged to act firmly on FGM perpetrators – Kenya News Agency

    0 shares
    Share 0 Tweet 0
  • “Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

    0 shares
    Share 0 Tweet 0
  • Trending
  • Comments
  • Latest

Uhuru Makes Last Minute U-turn On Nation Address

August 8, 2022
“Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

“Uhuru Not Our Son” – Angry Kikuyu Netizens Tell Off Azimio Blogger

August 1, 2022

Caroli cries foul after Raila conned him Sh45m for ODM ticket

July 19, 2022

Video: Patrick Ayoyi Records Himself Defiling Minor

February 17, 2020

Uhuru Makes Last Minute U-turn On Nation Address

August 8, 2022

IEBC suspends gubernatorial elections in Mombasa, Kakamega

August 8, 2022
Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

Uproar as CS Kagwe appoints Gikuyu only to medics lab Board

August 7, 2022
How Minet positively touched the lives of 8000 Teachers

How Minet positively touched the lives of 8000 Teachers

August 7, 2022
  • Home
  • News
  • Business
  • Entertainment
  • Lifestyle
  • Politics
  • Sports
  • Tech
  • World

© 2019 Kenyan Bulletin

No Result
View All Result
  • Homepages
    • Home Page 1
    • Home Page 2
  • News
  • Politics
  • Business
  • World
  • Entertainment
  • Lifestyle
  • Sports
  • Tech

© 2019 Kenyan Bulletin