Abdikadir Mohammed was elected MP for the Mandera Central Constituency in 2007. A Harvard Law School graduate, he heads the Parliamentary Select Committee on Constitutional Reform
15 Jun 2011 in National Assembly:
Mr. Deputy Speaker, Sir, the two gentlemen and the lady, whose names are before this House this afternoon, are Kenyans of exceptional quality and qualifications. They seek high office in the Republic of Kenya, and it is important for me to confirm that we, in the Committee, having talked to them, seen their qualifications and talked to Kenyans, are strongly of the view that their appointment should be approved by this House.
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15 Jun 2011 in National Assembly:
It is important for me to outline the manner in which this process came to the CIOC. On 28th January, 2011, the Office of the President announced the names of four nominees for the constitutional offices of Chief Justice, Attorney-General, Director of Public Prosecutions and Controller of Budget. Shortly thereafter, the Rt. Hon. Prime Minister asserted that the same nominations had been done without the requisite consultations with his Office as required by the National Accord and Reconciliation Act 2008. The matter raised considerable public outcry, with different groups issuing Press statements on the same, including the Constitution Implementation Committee ...
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15 Jun 2011 in National Assembly:
Mr. Deputy Speaker, Sir, on 26th February, 2011, His Excellency the President withdrew the list of nominees to the constitutional offices and directed that the appointments of the Chief Justice and Deputy Chief Justice be done by the JSC. He also stated that he would hold consultations with the Rt. Hon. Prime Minister on the nomination of the Attorney-General and thereafter appoint a panel to advertise and
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15 Jun 2011 in National Assembly:
interview candidates for the position of Director of Public Prosecutions. On 4th March, 2011, the JSC, through Gazette Notice No.2061, advertised the positions of Chief Justice and Deputy Chief Justice and invited members of the public to submit applications.
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15 Jun 2011 in National Assembly:
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 ...
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15 Jun 2011 in National Assembly:
Mr. Deputy Speaker, Sir, Article 166(3) provides as follow:- â166(3) The Chief Justice and other judges of the Supreme Court shall be appointed from among persons who have- (a) at least fifteen yearsâ experience as superior court judge; or
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15 Jun 2011 in National Assembly:
(b) at least fifteen yearsâ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field; or (c) held the qualifications specified in paragraphs (a) and (b) for a period amounting, in aggregate, to fifteen years.â
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15 Jun 2011 in National Assembly:
Mr. Deputy Speaker, Sir, the requirements for the post of Director of Public Prosecutions are contained in Article 157(3) of the Constitution, which provides as follows:- â157(3) The qualifications for appointment as Director of Public Prosecutions are the same as those for appointment as judge of the High Court.â
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15 Jun 2011 in National Assembly:
The requirements for appointment as judge of the High Court are to hold a degree from a recognised university, or to be an advocate of the High Court of Kenya, or to possess an equivalent qualification in a Commonwealth jurisdiction, or to posses the experience required under sub-Articles 3 to 6 as applicable, irrespective of whether the experience was gained in Kenya or in another common law jurisdiction, and to have a high moral character, integrity and impartiality.
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15 Jun 2011 in National Assembly:
Mr. Deputy Speaker, Sir, with respect to Article 166(5), instead of the 15 yearsâ experience for the positions of Supreme Court Judge and the Chief Justice, this one requires an experience of 10 years as superior court judge, or a professionally qualified magistrate, or at least 10 yearsâ experience as a distinguished academic or legal practitioner, or such other experience in other relevant legal field, or held the qualifications specified in (a) and (b) for a period amounting, in aggregate, to 10 years. Those are the requirements under the Constitution for qualification to these posts. Mr. Deputy Speaker, Sir, allow ...
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