Opinion by Lawrence Otieno Murunga
The Judicial Service Commission(JSC) under Prof Olive Mugenda has nominated Court of Appeal Judge and former children and women rights activist, Justice Martha Karambu Koome, as the next Chief Justice of Kenya.
Following her nomination, many Kenyans have congratulated Lady Justice Koome, praising her qualifications, experience and competence. At the same time, they have observed that she stands to make history as the country’s first woman Chief Justice.
As a staunch believer in gender equality and women empowerment in our Society, I would naturally have been among the first Kenyans to congratulate Lady Justice Koome for her well-deserved nomination as Chief Justice.
However, I am a bit reluctant to congratulate Lady Justice Koome because I highly suspect, and I believe many Kenyans suspect likewise, that her nomination is aimed at pulling down another woman, and thus effectively “revisiting the Judiciary”.
Shortly after the Supreme Court under Chief Justice David Kenani Maraga nullified the August 2017 Presidential polls on the ground of massive irregularities, President Uhuru Kenyatta referred to CJ Maraga and his team as “wakora” (crooks) adding, “We will respect the court, but we shall revisit…”
Constitutionally and technically, two Lady Justices cannot be Chief Justice and Deputy Chief Justice at the same time. Some things are not adding up here, and one does not need to be an Angel to know that the Acting Chief Justice and Deputy Chief Justice, Lady Justice Philomena Mwilu, herself a presumed extension of retired CJ Maraga, may soon be dealt with given her pending court cases.
Many clear-thinking Kenyans knew from the outset that Maraga’s replacement would automatically be a man like Mr Justice William Ouko, the President of the Court of Appeal, who had performed wonderfully well during the interviewing process.
There are those Kenyans who may be keen to delve deeper into this issue; and they may also be aware that a Bill is pending in Parliament which, if passed, will compel the likes of Deputy CJ Mwilu to step aside, as President Kenyatta appoints a Tribunal to “look into her case.”
Further, many other Kenyans may not be happy with how the retired Chief Justice David Maraga is being replaced. The interviewing process is not transparent. It appears opaque and blind so to speak. The JSC and the Powers-that-be are well aware of this.
With President Uhuru Muigai Kenyatta, Attorney-General Paul Kariuki and the Speaker of the National Assembly, Justin Muturi, already hailing from Central Kenya, how can the Chief Justice also come from the same Central Kenya region? Does this unite or divide the country?
Does the 2010 Kenya Constitution allow for all the three arms of Government – the Executive, Legislature and Judiciary – to be led by people from the same region, and not from other regions in the country? Does Kenya belong to people from the Mt Kenya region only, and not from the other seven regions?
These are pertinent questions that ought to be answered before Kenyans can celebrate the nomination of the next Chief Justice. If the President genuinely means well for the country, he should refer the matter to the JSC for a fresh review.
After all, Kenya is bigger than all of us, and the President took the oath of office “to defend, preserve and protect the Constitution of Kenya, as by Law established, without fear or favour,” saying, “Oh help me, God…”
Some Kenyans may already know that to cool temperatures down and appease some sections of the Kenyan population, especially Luo Nyanza, and the Luo in particular, Mr Justice William Ouko, may be appointed Supreme Court judge to replace retired Justice Jactone Ojwang’. Ouko may still be the Deputy Chief Justice upon Lady Justice Mwilu’s exist. That is alright, but it is not enough.
Kenyans who viewed Justice William Ouko being interviewed by the JSC panel are sure that Justice Ouko, with all his qualifications, and 34 years of experience and unrivalled competence in the Judiciary, both in the administration and the bench, would have been the best Judge to take over as the next Chief Justice of the Republic of Kenya. Justice Ouko comes from the talent-laden Siaya County in Nyanza.
But for unknown reasons in Kenya, when the surname beginning with the letter “O” is mentioned, you may think God has descended in the wrong place: Everybody in the room begins to view the “O” with total awe, envy and suspicion.
These trends continue in our midst even after the people of the United States (US) had elected Barack H Obama, a Luo, their first Black President in history, in November 2007.
The US is the most powerful country in the world and, therefore, the US President is the most powerful human being on Earth.
President Obama, the son of the late Kenyan economist, Barack Obama Snr, has previously visited his Alego Kogelo ancestral home in Siaya, Kenya.
Although the Luo people fought for and won Independence for Kenya alongside the Kikuyu and other Kenyans, the Luo have regrettably been marginalized in terms of top Government appointments. Yet they are among the most highly educated and talented ethnic groups in the country.
For 58 years since Independence in 1963, no Luo person – man or woman – has ever been appointed the Attorney General although the late Argwings Kodhek, a Luo nationalist and Independence hero from Gem, Siaya, was the first African lawyer in East Africa. Kodhek later died in a suspicious road accident in Nairobi in January 1969.
What about the Central Bank Governor and the Treasury Minister? How many Luos are qualified economists, financial experts and accountants who can be appointed into these key positions in Government?
And what about the Presidency from which the Opposition ODM leader, Raila Odinga has been rigged three times in a row since 2007. After the 2017 presidential polls, Kenyans were divided more than ever before.
Fortunately, President Kenyatta invited the ODM leader Raila Odinga who swallowed his pride and, in the interest of the country, agreed to talks; and these resulted in the Handshake and the Building Bridges Initiative (BBI) in March 2018.
As Kenyans approach the 2022 General Election, we hope that the Handshake and Building Bridges Initiative (BBI) and its prospects, will benefit all Kenyans irrespective of tribe, area of origin, race or religious affiliation .
Opinion in this article solely belongs to the Author and do not in any way reflect Sichwa News Editorial stance
Lawrence Otieno Murunga, Sidindi, Ugunja, Siaya. Kenya. lomurunga@gmail.com
