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{
"id": 40212,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/40212/?format=api",
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"type": "speech",
"speaker_name": "Mr. Abdikadir",
"speaker_title": "",
"speaker": {
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"legal_name": "Abdikadir Hussein Mohamed",
"slug": "abdikadir-mohammed"
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"content": "Twenty-six persons applied for the position of Chief Justice, while 14 others applied for the position of Deputy Chief Justice. Soon thereafter, ten applicants were shortlisted and interviewed for the position of Chief Justice, while eight applicants were shortlisted and interviewed for the position of Deputy Chief Justice. On 13th May, 2011, the JSC nominated Dr. Willy Munywoki Mutunga and Ms. Nancy Baraza for appointment as Chief Justice and Deputy Chief Justice, respectively. The JSC then forwarded the names to the President for formal nomination and eventual approval by Parliament. Mr. Deputy Speaker, Sir, on 17th May, 2011, His Excellency the President and the Rt. Hon. Prime Minister endorsed the nominees for the posts of Chief Justice and Deputy Chief Justice, and that of Director of Public Prosecutions, paving the way for vetting and approval by Parliament. Owing to the challenges in the Departmental Committee on Justice and Legal Affairs, on 2nd June, 2011, the Hon. Speaker, in a Communication to the House, referred the names of the three individuals to the CIOC for vetting and approval. The Hon. Speaker directed that the CIOC submits its recommendations to the House on 8th June, 2011. On that date, I reported, on behalf of the Committee, progress and requested an extension of time to enable the Committee conclude its work. The Hon. Speaker then extended the time and directed the Committee to table its Report on Tuesday, 14th June, 2011, which was yesterday, and which we did. Mr. Deputy Speaker, Sir, in conducting this process, the Committee examined the candidates against the criteria set out in the Second Schedule of The Commission for Implementation of the Constitution Act, 2010, which is the criteria for Vetting and Approval of Nominees for Appointment to Public Office by the National Assembly. The criteria require the nominees to disclose information on their personal and professional life, including their political affiliations, tax compliance, potential conflict of interest and issues raised by members of the public during the hearings. Memoranda presented to the Committee are also attached to the Report. With respect to qualifications, the requirements by the Constitution are set out in Article 166(2) for the positions of Chief Justice and Deputy Chief Justice, which provides as follows:- â166(2) Each judge of a superior court shall be appointed from among persons who- (a) hold a law degree from a recognised university, or are advocates of the High Court of Kenya, or possess an equivalent qualification in a common law jurisdiction; (b) possess the experience required under sub-articles 3 to 5 as applicable, irrespective of whether that experience was gained in Kenya or in another common law jurisdiction; and, (c) have high moral character, integrity and impartiality.â"
}