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1CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

3CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 20212

The Judicial Service Commission is an Equal Opportunity

Employer and selects candidates on merit through fair and

open competition from the widest range of eligible candidates

3CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Editors Duncan Okello

Catherine Wambui

Graphic DesignerJohn K. Muriuki

Writers

Simon Aruwa | Lilian Mueni | Ken Ogutu | Patricia Ndegwa | Sylvia Njeri

CHIEF JUSTICE & SUPREME COURT JUDGERecruitment and Selection Information Booklet

Published byThe Judicial Service Commission

P.O. Box 40048 - 00100, Nairobi Kenya Re-Insurance Plaza Taifa Road, CBD, Nairobi

Tel. +254 20 2739180Email: [email protected]

THE JUDICIAL SERVICE COMMISSION

54

VisionA Commission of excellence in promotion

and facilitation of an independent and

accountable Judiciary

MissionTo promote an independent and

accountable Judiciary

through oversight, capacity building

and constructive

stakeholder engagement

Our Core Values• Independence • Transparency

• Accountability • Integrity • Professionalism

CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 20214

5CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

T a b l e o f C o n t e n t s

Chapter 1 Introduction 8

Chapter 2 The Judicial Service Commission 9

Establishment and Mandate 10

Chapter 3Shortlisted Candidates for Position of Chief Justice 12

Interview Schedule for the Position of Chief Justice 13Biodata of Shortlisted Candidates for the PositionChief Justice 14

Hon. Mr. Justice Chitembwe Said Juma 14

Prof. Kameri- Mbote Annie Patricia Gathiru, SC, EBS 15

Hon. Lady Justice Koome Martha Karambu 16

Hon. Mr. Justice Marete David K. Njagi 17

Mr. Murgor Philip Kipchirchir, SC 18

Hon. Mr. Justice Nduma Mathews Nderi 19

Mr. Ngatia Fredrick, SC 20

Hon. Mr. Justice Ouko William Okello, CBS, EBS 21

Prof. Dr. Dr. Wekesa Moni 22

Ms. Yano Alice Jepkoech 23

Chapter 4 Shortlisted Candidates for the Position of Judge of theSupreme Court 24

Interview Schedule for the Position of Judge of theSupreme Court 25Biodata of Shortlisted Candidates for the PositionJudge of the Supreme Court 26

Hon Mr. Justice Chitembwe Said Juma 26

Hon. Lady Justice Koome Martha Karambu 27

Hon. Mr. Justice Marete David K. Njagi 28

Hon. Mr. Justice M’inoti Kathurima, OGW, EBS 29

Hon. Mr. Justice Nduma Mathews Nderi 30

Dr. Nyaberi Justry Patrick Lumumba 31

Hon. Mr Justice Ouko William Okello, CBS, EBS 32

Hon. Mr. Justice Sergon Joseph Kiplagat 33

Ms. Yano Alice Jepkoech 34

Chapter 5 Qualifications and Criteria for Appointment of the ChiefJustice and Judge of the Supreme Court 35

Minimum Qualifications in the Constitution 36Criteria for Evaluating Qualifications in the JudicialService Act 36Other Considerations in the Constitution 37

5CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

7CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 20216

Chapter 6 Recruitment and Selection Process 39

Roadmap and Key Dates 40

Chapter 7 Public Participation and Stakeholder Engagement 44Notification of the vacancies and call for applications 44Invitation of the public to submit information on theapplicants 44Consultations with stakeholders 44Reference Checks, Background Investigation and Vetting 45List of experts and stakeholders engaged by the JSC 46

Chapter 8 Media Access and Accreditation 47

Media Accreditation 48Media Coverage 48Digital Media Broadcast 48

Chapter 9 JSC Members 49

Hon. Commissioner Prof. Olive M. Mugenda, CBS 50

Hon. Commissioner Justice Mohamed Warsame,

Judge of the Court of Appeal 51

Hon. Commissioner Lady Justice Philomena Mbete Mwilu, MGH,

Ag. Chief Justice of the Republic of Kenya/Ag. President, Supreme

Court of Kenya 52

Hon. Commissioner Justice (Rtd) P. Kihara Kariuki, EGH,

Attorney General 53

Hon. Commissioner Patrick Gichohi, CBS 54

Hon. Commissioner Felix Koskei 55

Hon. Commissioner Macharia Njeru,

Advocate of the High Court 56

Hon. Commissioner Justice David Majanja,

Judge of the High Court 57

Hon Commissioner Ms Everlyne S. A. Olwande,

Chief Magistrate 58

Secretary to the Commission 59Hon. Anne A. Amadi, CBS, Chief Registrar of the Judiciary

and Secretary to the Commission 59

JSC Secretariat 60Hon. Winfrida B. Mokaya Registrar,

Judicial Service Commission 60

FAQs Frequently Asked Questions 61

Contact Persons 63

7CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Introduction

Chapter 1

9CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 20218

The Judicial Service Commission (JSC) is conducting the recruitment

and selection process to fill vacancies in the office of the Chief

Justice and Judge of the Supreme Court.

The Chief Justice is nominated by the JSC after a transparent

and competitive recruitment process. The nominee’s name is then

submitted to the President for onward transmission to Parliament for

vetting and approval. Where the nominee is approved by Parliament,

s/he is then appointed by the President by way of a Notice in the

Kenya Gazette.

Judges of the Supreme Court are also nominated by the JSC after

a transparent and competitive recruitment process. The nominee’s

name is then transmitted to the President for appointment by way

of a Notice in the Kenya Gazette. There is no requirement for

Parliamentary vetting and approval for Supreme Court Judges.

IntroductionThe Chief Justice and the Judge of the Supreme Court serve until

the age of 70 with an option for early retirement on reaching 65. No

matter his/her age, one may not serve for more than ten years as

Chief Justice. As such, an individual who serves for ten years as

Chief Justice must retire from the office of the Chief Justice even if

s/he is not yet 70, but may opt to stay on the Supreme Court as a

Judge until s/he reaches 70.

9CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

The Judicial Service Commission

Chapter 2

11CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202110

The Judicial Service Commission is a Constitutional Commission

established under Article 171 of the Constitution. The operational

procedures of the Commission are laid down in the Judicial Service

Act 2011.

The functions of the Commission are provided for in Article 172 of

the Constitution. It is charged with promoting and facilitating the

independence and accountability of the Judiciary and the efficient,

effective and transparent administration of justice, through;

a. Recommending to the President persons for appointment as

judges.

b. Reviewing and making recommendations on the conditions of

service of:

i. judges and judicial officers, other than their remuneration

ii. staff of the Judiciary.

Establishment and Mandate

c. Appointing, receiving complaints against, investigating and

removing from office or otherwise disciplining registrars,

magistrates, other judicial officers and other staff of the Judiciary.

d. Preparing and implementing programmes for the continuing

education and training of judges and judicial officers.

e. Advising the national government on improving the efficiency of

the administration of justice.

f. Receiving and considering petitions for the removal from office

of judges and if satisfied that the petition discloses a ground for

removal, send the petition to the president under Article 168 (3)

and (4) of the Constitution.

11CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Under Article 171 of the Constitution, the JSC consists of the

following members:

1. The Chief Justice, who shall be the chairperson of the

Commission;

2. One Supreme Court judge elected by the Judges of the

Supreme Court;

3. One Court of Appeal judge elected by the Judges of the Court

of Appeal;

4. One High Court judge and one magistrate, one a woman and

one a man, elected by the members of the association of

Judges and Magistrates;

5. The Attorney General;

6. Two advocates, one a woman and one a man, each of whom

has at least fifteen years’ experience, elected by the members

of the statutory body responsible for the professional regulation

of advocates;

7. One person nominated by the Public Service Commission; and

8. One woman and one man to represent the public, not being lawyers,

appointed by the President with the approval of the National Assembly.

The Chief Registrar of the Judiciary shall be the Secretary to the Commission.

13CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202112

Shortlisted Candidates for the Position of Chief Justice

Chapter 3

13CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

The JSC received 13 applications for the position of Chief Justice and shortlisted 10 candidates. The candidates will be interviewed

as per the schedule below:

Interview Schedule for the Position of Chief Justice

Shortlisted Candidates for Chief Justice

S/NO. NAME OF CANDIDATE DATE TIME

1. Hon. Mr. Justice Chitembwe Said Juma Monday 12.4.2021 9.00 a.m.

2. Prof. Kameri Mbote Annie Patricia Gathiru, SC Tuesday 13.4.2021 9.00 a.m.

3. Hon. Lady Justice Koome Martha Karambu Wednesday 14.4.2021 9.00 a.m.

4. Hon. Mr. Justice Marete D.K. Njagi Thursday 15.4.2021 9.00 a.m.

5. Mr. Murgor Philip Kipchirchir, SC Friday 16.4.2021 9.00 a.m.

6. Hon. Mr. Justice Nduma Mathews Nderi Monday 19.4.2021 9.00 a.m.

7. Mr. Ngatia Fredrick, SC Tuesday 20.4.2021 9.00 a.m.

8. Hon. Mr. Justice Ouko William Okello, CBS, EBS Wednesday 21.4.2021 9.00 a.m.

9. Prof. Dr. Dr. Wekesa Moni Thursday 22.4.2021 9.00 a.m.

10. Ms. Yano Alice Jepkoech Friday 23.4.2021 9.00 a.m.

15CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202114

Justice Chitembwe was born in 1967 in Kwale County.

He holds the following academic and professional qualifications:

• An Executive Master of Business Administration from Moi University (2005)

• Master of Laws from University of Essex (1994)

• Bachelor of Laws from the University of Nairobi (1990)

• Post Graduate Diploma in Law from the Kenya School of Law (1991)

• Admitted to the Roll of Advocates in 1991

• Currently pursuing a PhD in Peace and Conflict Studies at Masinde Muliro

University of Science & Technology

The Hon. Judge has an aggregate experience of 29 years in the legal

profession:

• Appointed as a High Court Judge in 2009

• Currently serving at the High Court in Nairobi (Civil Division)

• Served previously at the High Court in Kakamega, Malindi, Marsabit and

Migori

• Corporation Secretary at National Social Security Fund (2003 – 2009)

• Proprietor of Said Chitembwe & Co. Advocates (1994 – 2003)

• Advocate at Kiogora Mutai & Co. Advocates (1993 - 1994)

Hon. Mr. Justice Chitembwe Said Juma

Shortlisted Candidates for the position of Chief Justice

Download Sample writings: www.jsc.go.ke

15CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Prof. Mbote was born in 1963 in Murangá County.

She holds the following academic and professional qualifications:

• Higher Doctorate/Doctor of Laws from the University of Nairobi (2019)• Doctor of the Science of Law from Stanford University, Stanford Law School

(1999)• Juridical Sciences Master from Stanford University (1996) • Master of Laws in Law in Development from the University of Warwick (1990)• Bachelor of Laws from the University of Nairobi (1987)• Diploma in Women’s Law from University of Zimbabwe (1995)• Post Graduate Diploma in Legal Education from the Kenya School of Law

(1988)• Admitted to the Roll of Advocates in 1989

Prof. Mbote has an aggregate of 30 years experience in the legal profession:• Professor, University of Nairobi School of Law (2011 to date)• Dean, University of Nairobi School of Law (2013 – 2016)• Professor of Law at Strathmore University (2008 -2011)• Associate Professor, University of Nairobi School of Law (2005 – 2011)• Acting Executive Director and Director of Policy Research and outreach

African Centre for Technology (2002 – 2003)• Post-Doctoral Fellow (Director of Research) at African Centre for Technology

Studies (1999 – 2002)• Part time Lecturer, Assistant Lecturer, Lecturer and Senior Lecturer, University

of Nairobi School of Law (1990 – 2005)• Lecturer at Kenya School of Law (1988 – 1988)

Prof. Kameri- Mbote Annie Patricia Gathiru,

SC, EBS

Shortlisted Candidates for the position of Chief Justice

Download Sample writings: www.jsc.go.ke

17CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202116

Hon. Lady Justice Koome was born in 1960 in Meru County.

She holds the following academic and professional qualifications:

• Master of Laws from the University of London (2010)

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

• Post Graduate Diploma in Law from the Kenya School of Law (1987)

• Admitted to the Roll of Advocates in 1987

The Hon. Judge has an aggregate of 33 years experience in the legal

profession.

• Appointed as Judge of Court of Appeal in 2012

• Currently serving in the Court of Appeal in Nairobi, and previously in Nyeri and

Malindi

• Served as a High Court Judge (2003 – 2011) as indicated below:

a) Head of Land and Environment Division of the High Court in Nairobi

b) Resident Judge, High Court in Nakuru & Kitale

c) High Court in Nairobi (Commercial Division & Family Division)

• Managing Partner at Martha Koome & Company Advocates (1993 -2003)

• Legal Associate at Mathenge & Muchemi Advocates (1988 – 1992)

Hon. Lady Justice Koome Martha Karambu

Shortlisted Candidates for the position of Chief Justice

Download Sample writings: www.jsc.go.ke

17CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Justice Marete was born in 1959 in Tharaka Nithi County.

He holds the following academic and professional qualifications:

• Master of Laws from the University of Nairobi (2007)

• Bachelor of Laws from the University of Nairobi (1984)

• Post Graduate Diploma in Law from the Kenya School of Law (1985)

• Admitted to the Roll of Advocates in 1985

• Diploma in Theology from the Presbyterian Church of East Africa (2004)

The Hon. Judge has an aggregate of 35 years experience in the legal

profession:

• Appointed as a Judge of the Employment and Labour Relations Court (ELRC)

in 2012

• Currently serving at the ELRC in Nyeri, served previously in Nairobi, Kericho

and Eldoret

• Lecturer, African Nazarene University (2012)

• Senior Principal Legal Officer at Teachers Service Commission (2003 – 2009)

• State Counsel in the Office of the Attorney General, rising to the rank of

Principal State Counsel (1985 – 2002)

Hon. Mr. Justice Marete David K. Njagi

Shortlisted Candidates for the position of the Chief JusticeShortlisted Candidates for the position of Chief Justice

Download Sample writings: www.jsc.go.ke

19CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202118

Mr. Murgor was born in 1961 in Elgeyo Marakwet County.

He holds the following academic and professional qualifications:

• Master of Laws from the University of Nairobi (2011)

• Bachelor of Laws from the University of Nairobi (1985)

• Post Graduate Diploma in Law from the Kenya School of Law (1986)

• Admitted to the Roll of Advocates in 1986

Mr. Murgor has an aggregate of 34 years experience in the legal profession:

• Managing Partner at Murgor & Murgor Advocates (2007 to date)

• Litigation Partner at Murgor & Murgor Advocates (2005 and 2007)

• Director of Public Prosecutions, Office of the Attorney General (2003 - 2005)

• Managing Partner at Murgor & Murgor Advocates (1992 to 2003)

• State Counsel, Office of the Attorney General (1986 – 1992)Mr. Murgor Philip Kipchirchir, SC

Download Sample writings: www.jsc.go.ke

Shortlisted Candidates for the position of Chief Justice

19CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Justice Nduma was born in 1962 in Embu County.

He holds the following academic and professional qualifications:

• Master of Laws from University of Stellenbosch (2004)

• Bachelor of Laws from the University of Nairobi (1987)

• Post Graduate Diploma in Law from Kenya School of Law (1987)

• Admitted to the Roll of Advocates in 1988

• Diploma in Human Resource Management from the South African Institute of

Management (1995)

• Diploma in Business Organization & Management from the South African

Institute of Management (1994)

The Hon. Judge has an aggregate of 31 years experience in the legal profession:

• Appointed as Judge of the Employment and Labour Relations Court (ELRC)

in 2012

• Currently serving at the ELRC in Nairobi and previously in Kisumu

• Principal Judge, ELRC (2012 – 2017)

• Head of Legal and Industrial Relations Division, Federation of Kenya

Employers (2006 – 2007)

• Judge President of the Industrial Court of Swaziland (1998 – 2006)

• Crown Counsel/Senior Crown Counsel, Ministry of Justice of Swaziland (1993

to 1998)

• Proprietor, Nderi Nduma & Co. Advocates (1989 – 1993)

• Legal Assistant, Kioko & Co. Advocates (1988 -1989)

Hon. Mr. Justice Nduma Mathews Nderi

Shortlisted Candidates for the position of the Chief JusticeShortlisted Candidates for the position of Chief Justice

Download Sample writings: www.jsc.go.ke

21CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202120

Mr. Ngatia was born in 1956 in Laikipia County.

He holds the following academic and professional qualifications:

• Master of Applied Philosophy & Ethics from Strathmore University (2019)

• Master of Laws from London School of Economics, University of London

(1984)

• Bachelor of Laws from the University of Nairobi (1979)

• Post Graduate Diploma in Law from the Kenya School of Law (1980)

• Admitted to the Roll of Advocates in 1980

Mr. Ngatia has an aggregate of 41 years experience in the legal profession:

• Sole Proprietor of Ngatia & Associates from 1996 to date

• Partner at Kagia & Ngatia Advocates from (1987 – 1996)

• State Counsel/ Senior State Counsel at State Law Office (1980 – 1987)

Mr. Ngatia Fredrick, SCDownload Sample writings: www.jsc.go.ke

Shortlisted Candidates for the position of Chief Justice

21CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Justice Ouko was born in 1961 in Siaya County.

He holds the following academic and professional qualifications:

• Master of Arts in Criminology & Criminal Justice from Egerton University

(2016)

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

• Post Graduate Diploma in Law from the Kenya School of Law (1987)

• Admitted to the Roll of Advocates in1987

The Hon. Judge has an aggregate of 33 years experience in the legal

profession:

• President of the Court of Appeal, 2018 to date

• Appointed as Judge of the Court of Appeal in 2012

• Appointed as Judge of the High Court in 2004. Served in Malindi, Meru and

Nakuru (2004 – 2012)

• Registrar, High Court of Kenya (2002 -2004)

• Chief Court Administrator (1997 – 2002)

• Deputy Registrar, Senior Deputy Registrar and Principal Deputy Registrar

(1990 – 1997)

• District Magistrate II (Professional) (1987 -1989)

• Advocate at Mbogholi Msagha and Company Advocates (1987)

Hon. Mr. Justice Ouko William Okello, CBS, EBS

Shortlisted Candidates for the position of the Chief JusticeShortlisted Candidates for the position of Chief Justice

Download Sample writings: www.jsc.go.ke

23CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202122

Prof. Wekesa was born in 1959 in Kakamega County.

He holds the following academic and professional qualifications:

• PhD in Law from the University of Nairobi (2010)• PhD in Sports Medicine and Rehabilitation from Deutsche Sporthochschule,

Cologne, Germany (1989)• Master of Laws from the University of Nairobi (2005)• Bachelor of Laws from the University of Nairobi (2002)• Diploma in Law from the Kenya School of Law (2004)• Admitted to the Roll of Advocates in 2004• Bachelor of Education (Science) from the University of Nairobi (1981)

Prof. Wekesa has an aggregate of 16 years experience in the legal

profession:• Associate Professor, Daystar University (2016 to date)• Associate/Managing Partner, Moni Wekesa & Co. Advocates (2007 to date)• Founding Dean and Associate Professor of the School of Law, Mount Kenya

University (2010 -2016) • Lecturer, Catholic University of Eastern Africa (2010 – 2012)• Executive Secretary, Kenya Football Federation (2005 – 2006)• Associate, Billy Amendi & Co. Advocates (2005 – 2007)• Associate, Asiema & Co. Advocates (2004 - 2005)

He has also worked as:• Regional Manager, Africa Special Olympics Inc. (1998 – 2001)• Associate Professor, University of Namibia (1998 – 1998)• Senior Lecturer and Deputy Dean of Faculty, University of Botswana (1996 –

1997)• Graduate Assistant, Tutorial fellow, Lecturer and Senior Lecturer, Kenyatta

University (1982 – 1995)• Graduate Teacher, Teachers Service Commission (1981)

Prof. Dr. Dr. Wekesa Moni

Download Sample writings: www.jsc.go.ke

Shortlisted Candidates for the position of Chief Justice

23CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Ms. Yano was born in 1968 in Elgeyo Marakwet County.

She holds the following academic and professional qualifications:

• Bachelor of Laws from the University of Nairobi (1993)

• Post Graduate Diploma in Law from the Kenya School of Law (1994)

• Admitted to the Roll of Advocates in 1995

• Pursuing Masters in Business Administration at Nazarene University

She has an aggregate of 25 years experience in the legal profession:

• Senior Partner & Proprietor, Yano & Company Advocates (1995 to date)

• County Attorney, County Government of Elgeyo Marakwet (2013 – 2014)

• Commissioner, Constitution of Kenya Review Commission (2000 - 2006)

• Legal Advisor, Kenya Industrial Estate Limited (1992)Ms. Yano Alice Jepkoech

Shortlisted Candidates for the position of Chief Justice

Download Sample writings: www.jsc.go.ke

25CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202124

Shortlisted Candidates for the Position of Judge of the Supreme Court

Chapter 4

25CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

The JSC received 9 applications for the position of Judge of the Supreme Court. All applicants were shortlisted and will be

interviewed as per the schedule below:

Interview Schedule for the Position of Judge of the Supreme Court

Shortlisted Candidates for the Position of Judge of the Supreme Court

S/NO. NAME OF CANDIDATE DATE TIME1. Hon. Mr. Justice Chitembwe Said Juma Monday 26.4.2021 9.00 a.m.

2. Hon. Lady Justice Koome Martha Karambu Monday 26.4.2021 2.00 p.m.

3. Hon. Mr. Justice Marete D.K. Njagi Tuesday 27.4.2021 9.00 a.m.

4. Hon. Mr. Justice M’Inoti Kathurima Tuesday 27.4.2021 2.00 p.m.

5. Hon. Mr. Justice Nduma Mathews Nderi Wednesday 28.4.2021 9.00 a.m.

6. Dr. Nyaberi Justry Patrick Lumumba Wednesday 28.4.2021 2.00 p.m.

7. Hon. Mr. Justice Ouko William Okello, CBS, EBS Thursday 29.4.2021 9.00 a.m.

8. Hon. Mr. Justice Sergon Joseph Kiplagat Thursday 29.4.2021 2.00 p.m.

9. Ms. Yano Alice Jepkoech Friday 30.4.2021 9.00 a.m.

27CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202126

Justice Chitembwe was born in 1967 in Kwale County.

He holds the following academic and professional qualifications:

• An Executive Master of Business Administration from Moi University (2005)

• Master of Laws from University of Essex (1994)

• Bachelor of Laws from the University of Nairobi (1990)

• Post Graduate Diploma in Law from the Kenya School of Law (1991)

• Admitted to the Roll of Advocates in 1991

• Currently pursuing a PhD in Peace and Conflict Studies at Masinde Muliro

University of Science & Technology

The Hon. Judge has an aggregate experience of 29 years in the legal

profession:

• Appointed as a High Court Judge in 2009

• Currently serving at the High Court in Nairobi (Civil Division)

• Served previously at the High Court in Kakamega, Malindi, Marsabit and

Migori

• Corporation Secretary at National Social Security Fund (2003 – 2009)

• Proprietor of Said Chitembwe & Co. Advocates (1994 – 2003)

• Advocate at Kiogora Mutai & Co. Advocates (1993 - 1994)

Hon. Mr. Justice Chitembwe Said Juma

Shortlisted Candidates for the Position Judge of the Supreme Court

Download Sample writings: www.jsc.go.ke

Shortlisted Candidates for the Position Judge of the Supreme Court

27CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Hon. Lady Justice Koome was born in 1960 in Meru County.

She holds the following academic and professional qualifications:

• Master of Laws from the University of London (2010)

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

• Post Graduate Diploma in Law from the Kenya School of Law (1987)

• Admitted to the Roll of Advocates in 1987

The Hon. Judge has an aggregate of 33 years experience in the legal

profession.

• Appointed as Judge of Court of Appeal in 2012

• Currently serving in the Court of Appeal in Nairobi, and previously in Nyeri and

Malindi

• Served as a High Court Judge (2003 – 2011) as indicated below:

a) Head of Land and Environment Division of the High Court in Nairobi

b) Resident Judge, High Court in Nakuru & Kitale

c) High Court in Nairobi (Commercial Division & Family Division)

• Managing Partner at Martha Koome & Company Advocates (1993 -2003)

• Legal Associate at Mathenge & Muchemi Advocates (1988 – 1992)

Hon. Lady Justice Koome Martha Karambu

Shortlisted Candidates for the Position Judge of the Supreme Court Shortlisted Candidates for the Position Judge of the Supreme Court

Download Sample writings: www.jsc.go.ke

29CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202128

Justice Marete was born in 1959 in Tharaka Nithi County.

He holds the following academic and professional qualifications:

• Master of Laws from the University of Nairobi (2007)

• Bachelor of Laws from the University of Nairobi (1984)

• Post Graduate Diploma in Law from the Kenya School of Law (1985)

• Admitted to the Roll of Advocates in 1985

• Diploma in Theology from the Presbyterian Church of East Africa (2004)

The Hon. Judge has an aggregate of 35 years experience in the legal

profession:

• Appointed as a Judge of the Employment and Labour Relations Court (ELRC)

in 2012

• Currently serving at the ELRC in Nyeri, served previously in Nairobi, Kericho

and Eldoret

• Lecturer, African Nazarene University (2012)

• Senior Principal Legal Officer at Teachers Service Commission (2003 – 2009)

• State Counsel in the Office of the Attorney General, rising to the rank of Prin-

cipal State Counsel (1985 – 2002)

Hon. Mr. Justice Marete David K. Njagi

Download Sample writings: www.jsc.go.ke

Shortlisted Candidates for the Position Judge of the Supreme CourtShortlisted Candidates for the Position Judge of the Supreme Court

29CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Justice Kathurima was born in 1961 in Meru County.

He holds the following academic and professional qualifications:

• Master of Laws from the University of Nairobi (1989)

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

• Post Graduate Diploma in Law from the Kenya School of Law (1987)

• Admitted to the Roll of Advocates in 1987

The Hon. Judge has an aggregate of 29 years experience in the legal

profession:

• Appointed as a Judge of the Court of Appeal in 2012

• Director, Judiciary Training Institute (2018 to date)

• Currently serving in the Court of Appeal in Nairobi and previously in Malindi

• Chairperson, Kenya Law Reform Commission (2003 – 2012)

• Lecturer, the University of Nairobi (1990 – 1993)

• Advocate/Partner, Kamau Kuria & Kiraitu Advocates (1990 - 2003)

Hon. Mr. Justice M’inoti Kathurima, OGW, EBS

Shortlisted Candidates for the Position Judge of the Supreme Court Shortlisted Candidates for the Position Judge of the Supreme Court

Download Sample writings: www.jsc.go.ke

31CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202130

Justice Nduma was born in 1962 in Embu County.

He holds the following academic and professional qualifications:

• Master of Laws from University of Stellenbosch (2004)

• Bachelor of Laws from the University of Nairobi (1987)

• Post Graduate Diploma in Law from Kenya School of Law (1987)

• Admitted to the Roll of Advocates in 1988

• Diploma in Human Resource Management from the South African Institute of

Management (1995)

• Diploma in Business Organization & Management from the South African

Institute of Management (1994)

The Hon. Judge has an aggregate of 31 years experience in the legal profession:

• Appointed as Judge of the Employment and Labour Relations Court (ELRC)

in 2012

• Currently serving at the ELRC in Nairobi and previously in Kisumu

• Principal Judge, ELRC (2012 – 2017)

• Head of Legal and Industrial Relations Division, Federation of Kenya

Employers (2006 – 2007)

• Judge President of the Industrial Court of Swaziland (1998 – 2006)

• Crown Counsel/Senior Crown Counsel, Ministry of Justice of Swaziland (1993

to 1998)

• Proprietor, Nderi Nduma & Co. Advocates (1989 – 1993)

• Legal Assistant, Kioko & Co. Advocates (1988 -1989)

Hon. Mr. Justice Nduma Mathews Nderi

Download Sample writings: www.jsc.go.ke

Shortlisted Candidates for the Position Judge of the Supreme CourtShortlisted Candidates for the Position Judge of the Supreme Court

31CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Dr Lumumba was born in 1965 in Kisii County.

He holds the following academic and professional qualifications:• PhD in Business Administration from the University of Nairobi (2019)• Master of Business Administration from the University of Nairobi (2005)• Master of Laws from the University of Nairobi (2000)• Master of Arts in International Studies from the University of Nairobi (1996)• Bachelor of Laws from the University of Nairobi (1989) • Post Graduate Diploma in Law from the Kenya School of Law (1990)• Admitted to the Roll of Advocates in 1990

• Currently pursuing a PhD in Law at the University of Copenhagen

He has an aggregate of 30 years experience in the legal profession: • Partner, Nyaberi & Company Advocates (1995 to date)• Country Director, International Centre for Environment, Social and Policy

Studies (1999 to date)• Lecturer, Catholic University of Eastern Africa (2006 to date)• Consultant, United Nation International Criminal Tribunal for Rwanda and In-

ternational Criminal Court at The Hague (2012 - 2016)• Lecturer, University of Copenhagen, Denmark (2014 - 2018)• Defense Counsel, International Criminal Tribunal for Rwanda (1997 - 2000)• Managing Director, Kenya Co-operative Creameries Limited (1998 - 1999)• Assistant Company Secretary, Company Secretary, Kenya Co-operative

Creameries Limited (1995 - 1998)• Associate, M/s Kilonzo & Co. Advocates (1992 - 1995)• State Counsel, Attorney General’s Chambers (1992)

He has also served as:• Deputy Headmaster, Nyamonyo Secondary School (1985 - 1986)• Teacher, Nyagiki Secondary School (1981 - 1982)

Dr. Nyaberi Justry Patrick Lumumba

Shortlisted Candidates for the Position Judge of the Supreme Court Shortlisted Candidates for the Position Judge of the Supreme Court

Download Sample writings: www.jsc.go.ke

33CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202132

Justice Ouko was born in 1961 in Siaya County.

He holds the following academic and professional qualifications:

• Master of Arts in Criminology & Criminal Justice from Egerton University

(2016)

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

• Post Graduate Diploma in Law from the Kenya School of Law (1987)

• Admitted to the Roll of Advocates in 1987

The Hon. Judge has an aggregate of 33 years experience in the legal

profession:

• President of the Court of Appeal, 2018 to date

• Appointed as Judge of the Court of Appeal in 2012

• Appointed as Judge of the High Court in 2004. Served in Malindi, Meru and

Nakuru (2004 – 2012)

• Registrar, High Court of Kenya (2002 -2004)

• Chief Court Administrator (1997 – 2002)

• Deputy Registrar, Senior Deputy Registrar and Principal Deputy Registrar

(1990 – 1997)

• District Magistrate II (Professional) (1987 -1989)

• Advocate at Mbogholi Msagha and Company Advocates (1987)

Hon. Mr. Justice Ouko William Okello, CBS, EBS

Download Sample writings: www.jsc.go.ke

Shortlisted Candidates for the Position Judge of the Supreme CourtShortlisted Candidates for the Position Judge of the Supreme Court

33CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Justice Sergon was born in 1964 in Baringo County.He holds the following academic and professional qualifications:• Master of Laws from the University of Nairobi (2015)• Bachelor of Laws from the University of Nairobi (1990) • Post Graduate Diploma in Law from the Kenya School of Law (1991)• Admitted to the Roll of Advocates in 1991• Currently pursuing a PhD in Law at the University in Nairobi

The Hon. Judge has an aggregate experience of 29 years in the legal

profession: • Appointed as a High Court Judge in 2000 • Currently serving at the High Court in Nairobi (Civil Division)• Served previously as Resident/Presiding Judge in Mombasa, Bungoma, Nyeri

and Kericho• (2003 - 2014)• Proprietor and Managing Partner, Sergon & Company Advocates (1993 -

2002)• Litigation Counsel/Associate and Branch Manager, Chelule & Co. Advocates

(1992)• Associate, Bommet Fraser Advocates (1991)

Hon. Mr. Justice Sergon Joseph Kiplagat

Shortlisted Candidates for the Position Judge of the Supreme Court

Download Sample writings: www.jsc.go.ke

35CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202134

Ms. Yano was born in 1968 in Elgeyo Marakwet County.

She holds the following academic and professional qualifications:

• Bachelor of Laws from the University of Nairobi (1993)

• Post Graduate Diploma in Law from the Kenya School of Law (1994)

• Admitted to the Roll of Advocates in 1995

• Pursuing Masters in Business Administration at Nazarene University

She has an aggregate of 25 years experience in the legal profession:

• Senior Partner & Proprietor, Yano & Company Advocates (1995 to date)

• County Attorney, County Government of Elgeyo Marakwet (2013 – 2014)

• Commissioner, Constitution of Kenya Review Commission (2000 - 2006)

• Legal Advisor, Kenya Industrial Estate Limited (1992)Ms. Yano Alice Jepkoech

Shortlisted Candidates for the Position Judge of the Supreme Court

Download Sample writings: www.jsc.go.ke

35CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Qualifications & Criteria for Appointment of the Chief Justice

and Judge of the Supreme Court

Chapter 5

37CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202136

Qualifications and Criteria for Appointment of the Chief Justice and Judge of the Supreme CourtThe qualifications for the Chief Justice and Judge of the Supreme

Court are laid down in Article 166 of the Constitution of Kenya, 2010

and the Judicial Service Act, 2011.

Minimum Qualifications in the Constitution

To be appointed as the Chief Justice or a Judge of the Supreme

Court, an individual should

a. hold a law degree from a recognized university, or be an

advocate of the High Court of Kenya, or hold an equivalent

qualification in a common-law jurisdiction;

b. possess at least fifteen years’ experience, or an aggregate of

fifteen years’ experience, in Kenya or in another Commonwealth

common-law jurisdiction as:

i. a superior court judge, or

ii. a distinguished academic, judicial officer, legal

practitioner, or such experience in other relevant

legal field;

c. have a high moral character, integrity and impartiality.

Criteria for Evaluating Qualifications in the Judicial Service Act

Paragraph 13 of the First Schedule to the Judicial Service Act lays

down the criteria that guides the Commission in determining the

qualifications of individual applicants under the Constitution. These

are:

a. professional competence, the elements of which shall

include

i. intellectual capacity

ii. legal judgment

iii. diligence

iv. substantive and procedural knowledge of the law

v. organizational and administrative skills; and

vi. the ability to work well with a variety of people

b. written and oral communication skills, the elements of

which shall include

i. the ability to communicate orally and in writing

ii. the ability to discuss factual and legal issues in clear,

logical and accurate legal writing and

iii. effectiveness in communicating orally in a way that

will readily be understood and respected by people

from all walks of life

37CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

c. integrity, the elements of which shall include

i. a demonstrable consistent history of honesty and high

moral character in professional and personal life

ii. respect for professional duties, arising under the codes of

professional and judicial conduct; and

iii. ability to understand the need to maintain propriety and

the appearance of propriety

d. fairness, the elements of which shall include

i. a demonstrable ability to be impartial to all persons and

commitment to equal justice under the law; and

ii. open-mindedness and capacity to decide issues

according to the law, even when the law conflicts with

personal views

e. good judgment, including common sense, the elements of which

shall include a sound balance between abstract knowledge and

practical reality and in particular, demonstrable ability to make

prompt decisions that resolve difficult problems in a way that

makes practical sense within the constraints of any applicable

rules or governing principles

f. legal and life experience elements of which shall include

i. the amount and breadth of legal experience and the

suitability of that experience for the position, including trial

and other courtroom experience and administrative skills;

and

ii. broader qualities reflected in life experiences, such as the

diversity of personal and educational history, exposure

to persons of demonstrable interests and cultural

backgrounds, and in areas outside the legal field

g. demonstrable commitment to public and community service

elements which shall include the extent to which a Judge or

Magistrate has demonstrated a commitment to the community

generally and to improving access to the justice system in

particular.

Other Considerations in the Constitution

In selecting candidates for these offices, the JSC is also required

to ensure that the outcome of the selection reflects the gender,

regional, ethnic and other diversities of the people of Kenya.

39CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202138

Recruitment and Selection Process

Chapter 6

39CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

The flow chart below summarizes the steps in the recruitment

and selection of the Chief Justice and Judge of the Supreme

Court.

Recruitment & Selection Process

RECRUITMENT PROCESS

CJ & D

CJ

ADVERTISEMENT / REQUEST FORSUBMISSION OF APPLICATIONS

SHORTLISTING PROCESS

PUBLICATION OF APPLICANTS AND

SHORTLISTED CANDIDATES

REFERENCE CHECKS,BACKGROUND INVESTIGATION

AND VETTING

INTERVIEW

NOMINATION / NOTIFICATION TO SUCCESSFUL NOMINEE(S)

& THE PUBLIC

SUBMISSION OF NAME OF NOMINEE (S)

TO THE PRESIDENT

VETTING& APPROVAL BY PARLIAMENT

APPOINTMENT BY THE PRESIDENT

NOTICE OF VACANCY

JUDICIAL SERVICE COMMISSIONRESTARTS THE PROCESS

OTH

ER JU

DG

ES

IF PARLIAMENT DOESNOT APPROVE

IF P

ARL

IAM

ENT

APP

ROV

ES

41CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202140

The process for filling the vacancies in the office of the Chief Justice and Judge of the Supreme Court is laid down in the Constitution of Kenya, 2010 and the Judicial Service Act, 2011.

The First Schedule to the Judicial Service Act prescribes the steps to be taken by the Commission to ensure that applicants are fairly evaluated and that the most qualified are nominated.

Roadmap and Key Dates

ACTIVITYACTIVITY TIMELINETIMELINEPublication of vacancy notice in the Kenya Gazette Within 14 days of the vacancy arising

(Vacancy for Chief Justice declared on January 18, 2021 vide Gazette Notice No. 386. Vacancy for Judge of the Supreme Court declared on February 21, 2020 vide Gazette Notice No. 1606)

Invitation of applications through:

a. The Kenya Gazetteb. The JSC websitec. Transmission to the Law Society of Kenya and any other

lawyers’ professional associationsd. Any other appropriate manner

Vacancies were advertised on January 20, 2021 in the local dailies and also posted on the website and circulated to lawyers’ professional bodies

Application by interested persons Minimum 21-day application window

(The advertisement opened on January 20, 2021 and closed on February 9, 2021)

Press Release announcing the names of the applicants Upon the expiry of the period set for applications, a press release was issued on February 10, 2021

Initial review of applications for completeness and to determine whether the applicant meets the minimum Constitutional and statutory requirements for the position

Within 14 days of the deadline for the receipt of applications

(The Commission shortlisted candidates on February 12, 2021)

41CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

ACTIVITYACTIVITY TIMELINETIMELINEPublication of names of shortlisted applicantsPublication of the names of applicants in the Kenya GazetteAnnouncement of venue and approximate date of JSC interviews

Upon the expiry of the period set for applications, names, venue and dates of interviews were published in the local dailies on February 17, 2021

Solicitation of memoranda from the public on the applicantsInterview of persons who submit memoranda on the applicants

On February 17, 2021 the JSC through an advertisement invited members of the public to submit any information of interest on the candidates

Reference checks – verification of information provided by the applicant and liaison with all of the applicant’s references and former employers who shall be asked to comment on the applicant’s qualifications

Within 21 days of the initial review

Background investigation and vetting The law allows the Commission to continue with background investigation and vetting until the time the Commission votes on its’ nominations

Notice to each candidate indicating date, time, and location of his/her interview

Minimum 14 days before interview date

Candidates notified on February 17, 2021

Public Participation & Stakeholder Engagement Feb - March, 2021

Interviews April 12 – 23, 2021 for the Chief Justice

April 26 – 30, 2021 for Judge of the Supreme Court

Vote to nominate most qualified applicants Within seven days of the conclusion of interviews

Notification of Commission’s decision directly to the Applicants by telephone or electronic means and announcement of the nominated candidates through the Commission’s website and press release

Within seven days of the Commission’s vote

Transmittal by the JSC to the President of the name of the nominee recommended for appointment

Upon conclusion of the selection process

Transmittal by the President to Parliament of the name of the nominee recommended for appointment as Chief Justice

Upon receipt of JSC selection report

43CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202142

ACTIVITYACTIVITY TIMELINETIMELINEVetting by Parliament Within 28 days from the date on which the notification of nomination was

given

Transmittal to the President of Parliament’s resolution on the candidate

After vetting by Parliament

Appointment by the President by notice in the Kenya Gazette Upon receipt of report from Parliament Swearing-in After being gazetted

The Chief Justice and the Judge of the Supreme

Court serve until the age of 70 with an option for

early retirement on reaching 65. No matter his/her

age, one may not serve for more than ten years as

Chief Justice. As such, an individual who serves for

ten years as Chief Justice must retire from the office

of the Chief Justice even if s/he is not yet 70, but

may opt to stay on the Supreme Court as a Judge

until s/he reaches 70.

43CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Chapter 7Public Participation &

Stakeholder Engagement

45CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202144

Public Participation and Stakeholder Engagement

Under the Constitution of Kenya, judicial authority is derived from the

people and vested in the Judiciary. Additionally, participation of the

people is one of the National Values and principles of governance

listed under Article 10 of the Constitution.

The Judicial Service Act also requires the JSC to involve members

of the public in the recruitment and selection process. In fulfillment

of these requirements, the JSC carried out public participation and

stakeholder engagement as follows:

Notification of the vacancies and call for applications

The declaration of the vacancies were published in the Kenya

Gazette of January 18, 2021 and February 21, 2020 for the positions

of Chief Justice and Judge of the Supreme Court respectively.

In order to give opportunity to all eligible persons to apply,

advertisement of the vacancies was placed in the local dailies,

corporate digital platforms and circulated to lawyers’ professional

bodies.

Invitation of the public to submit information on the applicants

On February 17, 2021, the JSC published the names of applicants

and shortlisted candidates in the mainstream dailies. Members

of the public were invited to submit information of interest on the

candidates.

The JSC will continue to receive any information until the selection

process is concluded.

Consultations with stakeholders

The JSC organized forums with stakeholders from various sectors

to share their perspectives on the recruitment and selection of the

Chief Justice and Judge of the Supreme Court.

The stakeholders were drawn from the legal fraternity, academia,

faith-based organizations, civil society, professional associations,

trade unions, private sector, county governments and other arms of

government.

The JSC also held consultations with internal stakeholders,

including representatives of judges, judicial officers and staff.

45CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Public Participation & Stakeholder Engagement

The following vetting bodies were also requested for confidential reports;

Kenya Revenue Authority, Higher Education Loans Board, National

Intelligence Service, Directorate of Criminal Investigation, Advocates

Complaints Commission, Ethics and Anti-Corruption Commission and

Credit Reference Bureaux.

Reference Checks, Background Investigation and Vetting

Chapter Six of the Constitution on Leadership and Integrity demands

that state officers are selected on the basis of personal integrity,

competence and suitability. Additionally, Article 166(2)(c) of the

Constitution requires that judges of superior courts are appointed

from among persons who have a high moral character, integrity and

impartiality.

The Judicial Service Act, 2011 has

provided the procedures for reference

check, background investigation and

vetting of candidates.

In fulfillment of these constitutional and

statutory obligations, the JSC contacted

the candidates’ references, employers

and professional bodies to provide

information on the candidates.

47CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202146

List of Stakeholders Engaged by the JSC

NO SECTOR PARTICULARS

1. Judiciary1. Judges of the Supreme Court2. Kenya Magistrates and Judges Association (KMJA)3. Kenya Judicial Staff Association (KJSA)

2. Executive Cabinet Office

3. Parliament Speaker of the Senate

4. County Governments 1. Council of Governors2. County Assemblies Forum

5. Legal Law Society of Kenya

6. Civil Society Organizations

1. International Commission of Jurists (ICJ - Kenya)2. Federation of Women Lawyers, Kenya (FIDA)3. Kituo Cha Sheria4. Pamoja Trust

7. Faith Based Organizations

1. Supreme Council of Kenya Muslims2. Kenya Council of Church Alliances and Ministries3. Evangelical Alliances of Kenya4. Anglican Church of Kenya5. Catholic Church6. Seventh Day Adventist Church

8. Private Sector Kenya Private Sector Alliance (KEPSA)

9. Trade Unions Central Organization of Trade Unions (COTU)

10 Academia

1. School of Law, Strathmore University2. School of Law, University of Nairobi3. School of Law, Catholic University4. School of Law, Kenyatta University

11. Experts 1. Cabinet Secretary / former Vice Chairperson of the JSC2. Former Attorney General and former Commissioner of the JSC

12. Media Kenya Editors’ Guild

47CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Media Access & Accreditation

Chapter 8

49CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202148

The interviews will start at 9am. Media will be expected to set up by

8am.

Digital Media Broadcast

Members of the public are invited and encouraged to follow the

interviews through digital media.

The interviews for both the position of Chief Justice and Judge of

the Supreme Court will be streamed live on the Judicial Service

Commission Facebook page

Facebook: https://www.facebook.com/jsckenya

Regular updates will also be shared on:

JSC website: www.jsc.go.ke

Twitter: @jsckenya

The same information can be accessed through the Judiciary digital platforms Facebook: Kenya Judiciary Twitter: @kenyajudiciary Judiciary Website: www.judiciary.go.ke Instagram: judiciary_ke

Media Access and Accreditation

The interviews for the Chief Justice position and Supreme Court

Judge position will be conducted at the Supreme Court building from

April 12 – 30, 2021.

The interview process is open to all bona fide local and international

media houses. Journalists intending to cover the process will require

accreditation well ahead of the start of interviews.

Judiciary’s Department of Public Affairs and Communication will

undertake the vetting and accreditation to ensure the journalists are

genuine and attached to reputable media houses.

Media Coverage

To facilitate coverage, the JSC will provide a joint live feed for all

media outlets - TV, radio and print.

A live coverage team comprised of leading media houses has been

activated to ensure media needs are well facilitated on the ground.

In keeping with the laid down Covid-19 Ministry of Health protocols,

a spacious tent with screens will also be provided for media to follow

the livestream and file their stories.

JSC SOCIAL MEDIA

JUDICIARY SOCIAL MEDIA

49CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

JSC MEMBERS

Chapter 9

51CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202150

JSC MEMBERS

Hon. Prof. Olive M. Mugenda is the Interim Vice Chairperson of Judicial Service

Commission.

She is a representative of the public appointed pursuant to Article 171 (2) (h) of the

Constitution and is the Chairperson of the Commission’s Learning and Development

Committee. She is a member of the Human Resource Management Committee,

the Finance, Planning and Administration Committee and the Committee on the

Administration of Justice.

Before joining the JSC on March 2, 2018, Prof. Mugenda served as the

Vice-Chancellor of Kenyatta University for 10 years. She joined the institution as a

Graduate Assistant and rose to full Professor. She also served in KU as the

Deputy-Vice Chancellor, Finance Planning and Development. She is a widely

published scholar with vast experience in academia and public service.

Prof. Mugenda holds a PhD from the Iowa State University, USA, and two Masters

Degrees in Business Management and Science, from the East and Southern African

Management Institute (ESAMI) and Iowa State University, USA, respectively.

Hon. Commissioner Prof. Olive M.

Mugenda, CBS

Interim Vice Chairperson, JSC

51CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

JSC MEMBERS

Hon. Justice Mohammed Warsame was elected as Commissioner to the JSC by

Judges of the Court of Appeal Pursuant to Article 171 (2) (c) of the Constitution

2010. He was appointed on January 18, 2019, for his second term, having served

his first five-year term.

He is the Chairperson of the Human Resource Management Committee and a

Member of the Audit, Governance & Risk Management Committee, the Learning &

Development Committee, and the Committee on Administration of Justice.

He is a holder of a Bachelor of Laws degree from the University of Nairobi and a

Post Graduate Diploma in Law from the Kenya School of Law.

Hon. Commissioner Justice Mohamed

Warsame,

Judge of the Court of Appeal

53CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202152

JSC MEMBERS

Hon. Lady Justice Philomena Mwilu joined the Judicial Service Commission on May

3, 2017, having been elected by the Judges of the Supreme Court in accordance

with Article 171 (2) (b) of the Constitution.

She is a member of the Human Resource Management Committee, Finance

Planning and Administration Committee, Committee on the Administration of

Justice and Learning and Development Committee. She is also the Chairperson of

the Steering Committee on implementation of the Judiciary Organizational Review.

She holds a Masters degree and a Bachelor of Laws (LLB) degree from the University

of Nairobi and was admitted as an Advocate of the High Court of Kenya in 1984.

Hon. Commissioner Lady JusticePhilomena Mbete Mwilu, MGH, Ag. Chief Justice of the Republicof Kenya / Ag. President, SupremeCourt of Kenya

53CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

JSC MEMBERS

Hon. Commissioner Kihara Kariuki is a member of the Judicial Service Commission

in his capacity as the Attorney General in accordance with Article 171(2)(e) of the

Constitution, effective March 28, 2018.

He previously served as a Court of Appeal Judge having been appointed in 2012,

and was later elected the President of the Court. He was first appointed as a Judge

of the High Court in 2003. Prior to joining the Judiciary, he worked as the Director

of the Kenya School of Law.

Hon. Commissioner Justice (Rtd) P. Kihara Kariuki, EGH,Attorney General

55CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202154

Hon. Patrick Gichohi is the representative of the Public Service Commission

pursuant to Article 171 (2) (g) of the Constitution.

He is the Chairperson of the Finance, Planning and Administration Committee and

a Member of the Human Resource Management Committee and the Committee on

Administration of Justice.

He joined the Judicial Service Commission on March 2, 2018. Prior to his appointment

to the Commission, he served as a member of the Public Service Commission

from 2013 to 2018 and previously as the Clerk of the National Assembly until

his retirement in 2012. Mr. Gichohi served as the Chief Executive Officer of the

Constituency Development Fund (CDF) between 2004 and 2007. He served as

the 56th Chair of the Society of Clerks in the Commonwealth Parliament. He is a

member of the Society of Clerks-at-the-Table in the Commonwealth Parliament,

London, UK.

He holds a Bachelor of Arts degree in Education from the University of Nairobi.

Hon. Commissioner Patrick Gichohi, CBS

JSC MEMBERS

55CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Hon. Felix Koskei is a representative of the public appointed pursuant to Article 171

(2) (h) of the Constitution. He joined the Judicial Service Commission on March 2,

2018.

He is the Chairperson of the Commission’s Audit Governance and Risk Management

Committee and a member of the Human Resource Management Committee, the

Learning and Development Committee and the Committee on the Administration of

Justice.

Prior to joining the Commission, Hon. Koskei served as the Cabinet Secretary

in charge of Agriculture, Livestock and Fisheries between 2013 and 2015. He

has extensive experience in management having previously worked in senior

management positions at various organizations including the Kenya National

Highways Authority (KENHA), Kenya Civil Aviation Authority and Telkom Kenya.

Hon. Koskei holds an MBA and a BSC from the University of Nairobi, He also holds

a Diploma from the Chartered Institute of Purchasing and Supplies (CIPS) and is a

member of the Chartered Institute of Purchasing and Supplies (MCIPS).

Hon. Commissioner Felix Koskei

JSC MEMBERS

57CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202156

Hon. Macharia Njeru joined the Commission on May 13, 2019, having been elected

by members of Law Society of Kenya (LSK) pursuant to Article 171 (2) (f) of the

Constitution.

He is the Chairperson of the JSC’s committee steering the development of the

Commission's Strategic Plan 2020-2025. He is also a member of the Audit,

Governance and Risk Management Committee.

He previously served as Chairperson of the Independent Policing Oversight

Authority (IPOA). Commissioner Njeru was a member of the National Task Force on

Police Reforms (Ransley Taskforce) that developed the program for police reforms

in Kenya. He sat in the Police Reforms Implementation Committee (PRIC) where

he led the drafting of policing related legislation.

He is a former Chairman of FINA Bank Rwanda (now GT Bank Ltd.) and previously

served as a Director in FINA Bank Uganda, FINA Bank Kenya, Board Member

Kenya Airports Authority and chair of the Board of Finance, Anglican Church of

Kenya, Nairobi Diocese. He is the founding Managing Partner of Macharia-Mwangi

& Njeru Advocates and has practiced law for the past 27 years.

Hon. Commissioner Macharia Njeru,Advocate of the High Court

JSC MEMBERS

57CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Hon. Justice David Majanja joined the Commission on May 14, 2019, after he was

elected by the Kenya Magistrates and Judges Association pursuant to Article 171

(2) (d) of the Constitution.

He is the Chairperson of the Commission’s Committee on the Administration of

Justice and a member of the Finance, Planning and Administration Committee,

Human Resource Management and Learning and Development Committee.

He was appointed as Judge of the High Court in 2011. He served in the Judiciary

Rules Committee and the Judiciary Working Committee on Election Preparedness

(JWCEP). Prior to his appointment as a Judge, Justice Majanja worked as a private

practitioner. He was an Assisting Counsel for the Commission of Inquiry that

investigated the 2007 Post-election Violence (Waki Commission).

He holds a Bachelor of Laws from the University of Nairobi and a Master of Laws

(LLM) degree from the University of Pretoria.

Hon. Commissioner Justice David Majanja,

Judge of the High Court

JSC MEMBERS

59CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202158

Hon. Everlyne Olwande joined the Commission on January 15, 2021 having been

elected by the Kenya Magistrates and Judges Association (KMJA) pursuant to

Article 171(2)(d) of the Constitution.

She is a Member of the Finance Planning and Administration Committee, the Human

Resource and Management Committee and the Committee on the Administration

of Justice.

Hon. Olwande holds a Bachelors of Laws degree from South Gujarat University

and a Bachelor of Arts degree from Mohanlal Sukhadia University. She also holds

a Post Graduate Diploma in Law from the Kenya School of Law.

Hon Commissioner Ms Everlyne S. A.Olwande, Chief Magistrate

JSC MEMBERS

59CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Hon. Anne A. Amadi, CBS,

Chief Registrar of the Judiciary and

Secretary to the Commission

Hon. Anne A. Amadi is the Secretary to the Commission in her capacity as the Chief

Registrar of the Judiciary in accordance with Article 171 (3) of the Constitution. She

was appointed as the Chief Registrar on January 13, 2014, for a term of 5 years that

was subsequently renewed in 2019 for a further term of 5 years.

Hon. Amadi is an Advocate of the High Court of Kenya after having been admitted

to the bar in 1989. She is a holder of a Master of Laws degree in Criminal Justice

from Boston University USA, a Bachelor of Laws from the University of Nairobi and

a Post Graduate Diploma in Law from the Kenya School of Law. She also holds a

Post Graduate Diploma in Law in International Displacement from the International

Institute of Humanitarian Law from San Remo in Italy.

SECRETARY TO THE COMMISSION

61CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 202160

Hon. Winfrida B. MokayaRegistrar,

Judicial Service Commission

Pursuant to Section 19 and 20 of the Judicial Service Act, 2011, the JSC has established a Secretariat to facilitate the Commission’s work.

The Secretariat works under the Secretary, JSC. The day-to-day management of the Secretariat is headed by the Registrar.

The Secretariat is co-ordinating all the administrative aspects of the Chief Justice and Supreme Court Judge recruitment and selection.

The Secretariat operates from the Commission’s offices located at Reinsurance Plaza, Podium Floor, Taifa Road, Nairobi.

JSC SECRETARIAT

61CHIEF JUSTICE & SUPREME COURT JUDGE | Recruitment and Selection Information Booklet, 2021

Frequently Asked Questions

Q. What is the role of the Chief Justice?

A. The Chief Justice is the Head of the Judiciary, the President of the Supreme Court, the Chairperson of the JSC and the link between the Judiciary and the other arms of government. The Chief Justice also performs other functions specified in law.

Q. What is the criteria for appointmentment?

A. To be appointed as the Chief Justice or a Judge of the Supreme Court, an individual should

a. hold a law degree from a recognized university, or be an advocate of the High Court of Kenya, or hold an equivalent qualification in a common-law jurisdiction;

b. possess at least fifteen years’ experience, or an aggregate of fifteen years’ experience, in Kenya or in another Commonwealth common-law jurisdiction as:

i. a superior court judge, orii. a distinguished academic, judicial officer, legal

practitioner, or such experience in other relevant legal field;

c. have a high moral character, integrity and impartiality.

Q. How is the Chief Justice appointed?

A. The Chief Justice is nominated by the JSC after a transparent and competitive selection process. The nominee’s name is then submitted to the President for onward transmission to Parliament for vetting and approval. Where the nominee is approved by Parliament, s/he is then appointed by the President by way of a Notice in the Kenya Gazette.If Parliament does not approve the nominee, the JSC restarts the process of selecting another candidate.

Q. What is the tenure of the Chief Justice?

A. The Chief Justice serves until the age of 70 with an option for early retirement on reaching 65. No matter their age, one may not serve for more than ten years as Chief Justice. As such, an individual who serves for ten years as Chief Justice must retire from the office of the Chief Justice even if s/he is not yet 70, but may opt to stay on the Supreme Court as a Judge until s/he reaches 70.

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Q. Will the interviews be conducted in public?

A. The interviews will be conducted in public and covered in the media. Members of the public are invited and encouraged to follow the interviews. The JSC will provide a live feed to enable media outlets livestream the same. In addition, the interviews will be carried live on JSC Facebook page

https://www.facebook.com/jsckenya

Q. How do I submit information of interest on a

candidate?

A. Members of the public may submit in writing any information

of interest on any candidate up until the selection process

is concluded. The information should be submitted to the

following address:

The Secretary,

Judicial Service Commission

E-Mail Address: [email protected]

P.O. Box 40048 – 00100, Nairobi

Physical Address: Kenya Re-Insurance Plaza, Podium

Floor, Taifa Road, Nairobi

The JSC may interview anyone who has given information on

a candidate and such information shall be kept confidential.

Q. When will the JSC announce the results of the

interviews?

A. The Commission is required to nominate a candidate within 7

days of the close of the interviews. After the nomination, the JSC

has an additional 7 days within which to notify the candidates

and the public.

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For enquiries regarding the process, please contact:

Secretary, Judicial Service Commission

Phone: +254 020 273 9180 011388 3082

Email: [email protected]

Physical Address: Kenya Re-Insurance Plaza,

Podium Floor, TaifaRoad, Nairobi

For media enquiries, please contact:

Registrar, Judicial Service Commission

Phone: +254 020 273 9180

0114850570

Email: [email protected]

Physical Address: Kenya Re-Insurance Plaza,

Podium Floor, TaifaRoad, Nairobi

CONTACT PERSONS

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VACANCY IN THE OFFICE OF THE CHIEF JUSTICE AND IN THE OFFICE OF THE SUPREME COURT JUDGE

APPLICANTS FOR THE POSITION OF CHIEF JUSTICE& SHORTLISTED CANDIDATES FOR THE

POSITION OF CHIEF JUSTICE

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Judicial Service Commission

Kenya Re-Insurance Plaza

TaifaRoad, CBD, Nairobi

P.O. Box 40048 – 00100, Nairobi

Tel: +254 20 2739180 or 0113883082

Email:[email protected]

www.jsc.go.ke