Dispute in Martha Koome’s appointment for CJ as Fred Ngatia claims he was rigged out after a call by powerful people – Kenyan_Report

Senior
Counsel Fred Ngatia has come out gun blazing disputing the outcome of the
Judicial Service Commission on the appointment of lady Justice Martha Koome as
the next chief justice amid claims of rigging.

Speaking
after the announcement by the Judicial Service Commission yesterday April 27, 2021,
Ngatia claims he was rigged out at the last minute by the commissioners.

Ngatia was among the veterans who were expected y many to replace David Maraga as the next Chief Justice but claims he was rigged out after powerful individuals pressured some of the commissioners to lower his score.

“Four commissioners from Mt
Kenya region reduced my scores yesterday afternoon after they were called by
powerful people. Without that intervention, I was far ahead of all the other
candidates,” he explained. 

His remarks were reiterated by the LSK president Nelson Havi who questioned the LSK representative at the commission for the marks awarded to the senior counsel.  

Speaking with Citizen TV’s Waihiga Mwaura, Havi questioned the 42 marks awarded to Ngatia by Macharia Njeru.

“As LSK, we are concerned that our representative could award 42 marks to a distinguished legal practitioner who had applied for CJ. If the guy is the top lawyer, how could he be the bottom candidate for CJ?” he posed.

Havi read malice in the decision: “It cannot be that JSC, which appears to be under an arm of the government, will deliver to us a CJ. A commission can never reach a unanimous decision,” He criticized.

Lady Justice Koome was appointed by the commission after a unanimous decision in a statement that was made later by the Commission’s vice-chairperson Prof Olive Mugenda.

“The Judicial Service Commission has finalized the process of evaluation of the various candidates interviewed for the position of Chief Justice of the Republic of Kenya. The JSC has run an open, transparent, and competitive recruitment process that has witnessed the participation of the public and key stakeholders.

After lengthy deliberations and careful consideration of the performance of the various candidates, the JSC has unanimously recommended the appointment of Hon. Lady Justice Koome Martha Karagu, Judge of the Court of Appeal as the Chief Justice of the Republic of Kenya and has submitted her name to His Excellency the President for the appointment,” said Prof. Olive Mugenda.

The new development comes amid reports that Prof Makau Mutua, a CJ candidate in 2016 had already moved to court seeking to compel the commission to make public each candidates’ score in line with the constitutional requirement for transparency. 

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