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Justice Daniel Musinga is the new president of the Court of Appeal.
Justice Musinga, who joined the judiciary in 2003, replaces Justice William Ouko in that capacity. Justice Ouko was appointed judge of the Supreme Court last Friday when he was sworn by President Uhuru Kenyatta alongside the new Chief Justice Martha Koome.
Justice Musinga emerged the victor in the hotly contested post, defeating Justice Hannah Okwengu with one vote.
“There were four contestants. Two dropped out leaving me to battle it out with Justice Okwengu,” Justice Musinga told the Nation on phone on Monday, adding he scooped seven votes while Justice Okwengu got six.
His first assignment is to nominate judges who will hear the appeal on the Building Bridges Initiative (BBI).
There are only 13 judges in the Court of Appeal — Justice Musinga, Justice Mohammed Warsame, Justice Patrick Kiage, Justice Sankale ole Kantai , Justice Kairu Gatembu, Justice Milkton Mhakhandia and Justice Kathurima M’Inoti.
Others are Justice Roselyn Nambuye, Justice Wanjiru Karanja, Justice Agnes Murgor, Justice Okwengu and Jamila Mohamed.
Justice Musinga was elected as Justice Koome took over the reins of the Judiciary from Deputy Chief Justice Philomena Mwilu.
Justice Mwilu, who acted as CJ for 162 days, said it was not easy as she counselled Justice Koome. She advised the new office holder to server while remembering that justice is “neither male nor female” and that it is “probably transgender”.
Justice Koome and Justice Ouko were sworn-in at State House last Friday before President Uhuru Kenyatta who pledged support of the judiciary.
Justice Ouko had also applied for the position of CJ but was unsuccessful.
Work experience
Judge Musinga is a distinguished jurist who was admitted as an advocate of the High Court of Kenya in 1988.
He was appointed as a member of the tribunal to investigate the conduct of suspended high court judges in 2003 and in October the same year, he was formally appointed as a Judge of the High Court of Kenya.
He was then posted in Nakuru and sat on the bench there until December 2007 before moving to the High Court in Kisii, where he served between 2008 and 2010.
Since his appointment, Judge Musinga has been involved in many high profile cases, including those invalidating the elections of various MPs.
In November 2010, he was appointed a Judge at the Constitutional and Judicial Review Division in the High Court in Nairobi.
During this time, he was involved in the making of several notable decisions. He stepped in to permanently block the Independent Electoral and Boundaries Commission (IEBC) from publishing a list of new electoral constituencies.
In 2010, Judge Musinga rendered a decision finding that the President had acted unconstitutionally when nominating individuals for key public offices, including the offices of Chief Justice and Attorney-General.
In January, he was appointed the chairman of the Judiciary Committee on Elections (JCE), taking over from High Court Judge Msagha Mbogholi.
The jurist has tirelessly and fearlessly shown commitment to the rule of law. His past decisions have helped assert the independence of the Judiciary and have at all times aspired to uphold the Constitution.
Judge Musinga’s current initiatives are forward thinking, and will bring future benefits to the judicial processes and the legal system in Kenya generally.
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