27 Oct 2016 in National Assembly:
Hon. Speaker, in moving this Motion, the Departmental Committee on Justice and Legal Affairs (JLAC) has filed a very detailed Report. However, I want to go into the elements that we considered as a Committee in approving the nominee. I would also like to recommend and request the House that it agrees with Departmental Committee on Justice and Legal Affairs.
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27 Oct 2016 in National Assembly:
The appointment process of the Deputy Chief Justice nominee was handled in a large part by the Judicial Service Commission (JSC). The JSC publicised the Gazette Notice in which they invited applicants for the position. There were 16 persons who responded to that application process. Eventually they interviewed 13 persons; the Report details those who were interviewed and in their recommendations, a letter was written by the Chair of the JSC panel that conducted the interviews recommending Hon. Lady Justice Philomena Mbete Mwilu.
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27 Oct 2016 in National Assembly:
This House received a letter from the Chief of Staff and Head of Public Service informing it of a communication for Lady Justice Philomena Mbete Mwilu for the appointment as the Deputy Chief Justice of the Republic of Kenya. Hon. Speaker, a notification was issued by the Committee to the public for memoranda on the matter and there were several persons who responded to the notification. I wish to note that the following responded positively recommending Hon. Lady Justice Philomena Mwilu. (i) The Catholic Mission of Kaumoni (ii) Nyairo and Company Advocates (iii)The Hon. Chief Justice David Maraga (iv) Justice ...
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27 Oct 2016 in National Assembly:
In addition, we received all the clearance letters and certificates from the nominee, the Higher Education Loans Board (HELB), the Kenya Revenue Authority (KRA), the Ethics and Anti-Corruption Commission (EACC), the Criminal Investigation Department (CID) and all of them provided clearance for the nominee. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
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27 Oct 2016 in National Assembly:
In accordance with the Public Appointments (Parliamentary Approval) Act No. 33 of 2011 we looked at the following issues in the vetting process: The academic qualifications; the employment record; the professional affiliations; potential conflict of interest; knowledge of relevant subjects; overall suitability for the position; tax compliance, including wealth declaration by the nominee; integrity and morality; jurisprudence, vision, leadership and judicial reforms; access to justice; expectations, and key priorities.
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27 Oct 2016 in National Assembly:
Hon. Speaker, in interviewing the nominee on Tuesday, 25th October, we followed the Public Appointments (Parliamentary Approval) Act and informed the nominee of the memoranda that we had received. In good time, we made available to the nominee the objection by Hon. Alice Muthoni Wahome. The nominee was able to return, in writing, her response to that objection. The nominee was sworn before she gave her information. On various matters that the Committee questioned her on, we have some of the responses that she gave. She started with self-introduction and the context within which she was nominated for this position. ...
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27 Oct 2016 in National Assembly:
Hon. Speaker, she is confident about her abilities as a judge having run the Eldoret station when she was a High Court Judge. She had a lot of interaction with the LSK during her time in Eldoret and was promoted to the Court of Appeal in the year 2012. She was cleared by the Magistrates and Judges Vetting Board. There were seven complaints against her, including one by Hon. Alice Wahome and the Vetting Board processed all the complaints mostly touching on delay. She gave satisfactory explanations to the Board at the time, including the fact that when she was ...
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27 Oct 2016 in National Assembly:
She comes to the position with a varied background having served in the private sector, headed an organisation, served as a Judge of the High Court and also in the Court of Appeal. Hon. Speaker, the Committee was particularly happy that the nominee has capacities in the judicial function and in managerial experience which will be needed in the position she is coming to serve in.
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27 Oct 2016 in National Assembly:
On the issue of delay in hearing of cases and delivery of judgements, the nominee shared with the Committee that before the 2010 Constitution, there were very few judges resulting in delays in judgements. Since then, the number of judges has been increased and there have been programmes like the Rapid Response Initiative (RRI) and the first in, first out, approach. There has also been a programme of working with other strategic partners, the Director of Public The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the ...
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27 Oct 2016 in National Assembly:
Prosecutions (DPP) and the police in managing delays of hearing of cases and delivery of judgement.
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