Kenya Insights

Tag: Judiciary

  • BBI Appeals: Profiles of the Court of Appeal bench

    BBI Appeals: Profiles of the Court of Appeal bench

    The Court of Appeal of Kenya is established under Article164 of the constitution of Kenya and consists of a number of judges, being not fewer than twelve.

    The Court handles appeals arising over the decisions of the High Court as well as any other court or Tribunal as provided for in Law and comprises a maximum of 30 Judges.

    The judges of the Court of Appeal elect a President from among themselves.

    The Court has been decentralized and currently has a total of six registries namely; Nairobi, Mombasa, Nyeri, Kisumu, Nakuru and Eldoret.

    A seven-judge bench of the Court of Appeal is today (Friday) delivering a ruling on the Building Bridges Initiative (BBI) with all eyes are set on the Court of Appeal President Daniel Musinga, Judges Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye, and Francis Tuiyot, who are expected to either overturn the high court ruling that stopped the BBI process or uphold it.

    So who are these judges?

    Hon Mr. Justice Daniel Kiio Musinga

    www.judiciary.go.ke www.judiciary.go.ke The Building Bridges Initiative (BBI) Appeals Profiles of the Court of Appeal BenchHon Mr. Justice Daniel Kiio Musinga

    • May 2021 – elected President, Court of Appeal by fellow Judges pursuant to Article 164(2)
    • Fellow of the Chartered Institute of Arbitrators
    • January 2021 – nominated as Chairman, Judiciary Committee on Elections.
    • 2018 to 2021-Chairman, Judiciary Rules Committee
    • December 2012 – appointed Court of Appeal Judge
    • 2013 to 2017-First Chairman, Performance Management and Measurement Steering Committee.
    • 2003 – 2000- appointed Judge of the High Court of Kenya, posted to Nakuru
    • 2003-Member of the Tribunal to investigate conduct of suspended High Court Judges.
    • 2008- 2010-served in the High Court at Kisii.
    • 2011- appointed Presiding Judge, Commercial and Admiralty Division, Nairobi.
    • 2011- honoured by International Commission of Jurists as Jurist of the Year
    • 2010: Honoured by the Law Society of Kenya for Distinguished Service in the Administration of
    • Justice
    • 2000 – 2003 – Chairman, LSK Mombasa Chapter
    • 1991-2003-Founded Musinga and Company Advocates
    • 1988-1991 – legal practice-Gikandi & Company advocates-Mombasa

    Hon. Lady Justice Roselyn Naliaka Nambuye

    • 2012-appointed Judge of the Court of Appeal
    • Currently heads the Court of Appeal in Nairobi, Criminal Division
    • 1991- appointed Chief Magistrate and in the same year elevated to High Court Judge
    • 1988-1990- Principal Magistrate
    • 1982-1986-Deputy Registrar and later Senior Resident Magistrate
    • 1980-joined the Judiciary as District Magistrate Il (Prof)
    • 1979-appointed a District Officer with special magisterial powers
    • Founder member and a Past Chairperson of the Kenya Women Judges Association (KWJA)
    • Holds a Master of Laws Degree (LLM) in Public International Law from the University of Nairobi (2008)
    • Masters Degree in International Conflict Management (MAICM) from the University of Nairobi (2011)
    • Masters Class Certificate in Business Management and Leadership (2017)
    • Honorary Doctorate Degree from the Commonwealth University of Belize through London Graduate School, United Emirates (2017)

    Hon. Lady Justice Hannah Magondi Okwengu

    • 201l-appointed Judge of the Court of Appeal.
    • Currently Head of Civil Division, Court of Appeal.
    • Board Member representing Africa in the International Association of Women Judges.
    • Chairperson of Judicial Committee that developed a Criminal Procedure Bench Book for the Judiciary.
    • 2003 – Appointed Judge of the High Court.
    • 1998 – Assistant Director in charge of Prosecutions in the former Kenya Anti-Corruption Authority.
    • 1998 – Recipient of the LSK Award for Distinguished Service in the Administration of Justice.
    • 1983-Joined Judiciary as Resident Magistrate and rose to Chief Magistrate.
    • Past Chairperson of the International Association of Women Judges (IWAJ}Kenya Chapter.
    • Holds Masters Degree in Law from Queen Mary University of London.
    • Holds Certificate in Management from the University of Bradford-UK.

    Hon. Mr. Justice Patrick Omwenga Kiage

    • 2012-appointed Judge of the Court of Appeal.
    • 2021 – Presiding Judge, Court of Appeal, Kisumu.
    • 2015 – date,Regional Vice President for East, Central and Southern Africa on Commonwealth Magistrates’ and Judges’ Association Council.
    • 2007-Special Prosecuting Counsel and Deputy Director, Public Prosecutions.
    • 2007- 2012 – Lecturer in Law at Catholic University of Eastern Africa ad Kenya School of Law
    • Author of Books: Criminal Procedure and Practice in Kenya and Family Law in Kenya.
    • Over 10 years practice as a criminal defence lawyer.
    • 2001-2007-facilitator and trainer in ADR for KNHRC.
    • 1993-2007-worked with various law firms starting with Kurgat & Associates before moving to Nyachae & Company Advocates and later to Kiage & Company Advocates as Sole Proprietor and later as Senior Partner.
    • Holder of a Masters Degree from New York University majoring in Public Service Law,
    • Comparative Constitutional Law, Comparative Criminal Justice and Human Rights.

    Hon. Mr. Justice Gatembu Kairu, FCIArb

    • 2012- appointed Judge of the Court of Appeal
    • 2009-2012-Proprietor, Arbitration and Mediation Suite.
    • 1990-2012-Lecturer, School of Law, University of Nairobi.
    • 1993-2009-Partner, Kairu & McCourt Advocates.
    • 1987-1993-Associate, Kimani Kairu & Company Advocates.
    • 1985-1987- Legal Assistant, Hamilton Harrison & Mathews Advocates.

     

       Hon. Lady Justice Fatuma Sichale

    • 2012-appointed Judge of the Court of Appeal
    • 2012-short stint as Chairperson of the Communication Appeals Tribunal.
    • Has been associated for long with the fight against corruption.
    • 2004 – 2009 Assistant Director, Legal Services at Kenya Anti-Corruption Commission and later appointed the Deputy Director.
    • 2004-nominated by FIDA(K) to the Board membership of Kenya Anti – Corruption Commission KACC).
    • 2004 – Board Member of the National Anti-Corruption Campaign Steering Committee.
    • 2004 – appointed one of the seven Board members of the then Kenya Anti-Corruption
    • Authority (KACA).
    • Served as a Board Member of Kenya Forest Service.
    • 1987-2004 legal practice.
    • 1984-joined the Judiciary as a District Magistrate II (Prof).
    • She has been a Council member of Law Society of Kenya(LSK}as well as FIDA (K).

    Hon. Mr. Justice Francis Tuiyott

    • 2021-appointed Judge of the Court of Appeal.
    • 201l-appointed Judge of the High Court
    • 2003-2011-legal private practice.
    • 2010-2011-Chairman Sugar Arbitration Tribunal.
    • 1993-2010-Advocate at Nyaundi Tuiyott & Company Advocates
    • 1991-1993- Associate Advocate at AGN Kamau Advocates.
    • Holds a Master of Laws Degree from University of London.
  • House of Thugs: Most Sitting MPs Are Battling Criminal Cases In Kenya

    House of Thugs: Most Sitting MPs Are Battling Criminal Cases In Kenya

    Have you seen, interacted or even heard of your Member of Parliament?

    Probably no, because they are busy in corridors of courts seeking their freedom and ‘justice’.

    Our August house is full of crooks and masterminds of fleecing the coffers.

    Chapter Six of the our new constitution that basically entails Leadership and Integrity Act, looks like a printed joke.

    Almost every elected member of parliament or even the senate has a case or piles of cases to answer, defend and mostly, clear their names.

    Kenya’s economy has been crippled by massive fraud, multi-billion graft and high-end forgeries all courtesy our elected and appointed officials.

    Francis Ole Kaparo, the chair of the now dysfunctional NCIC has also not been playing his role.

    This has created a niche that encourages hate speech and incitement to violence from the mouthy government officials.

    The corruption that is in this country is unbelievable.

    All scandals are linked from one member of the parliament to another corrupt deal cleared by a member of Senate to another fraud that touches the Executive which leads to another corrupt clearing by the Judiciary.

    In a working democracy, The Leadership and Integrity Act laws are supposed to be governing the government officials.

    Also, Public Officer Ethics Act is supposed to be working according to our new constitution.

    Ethics and Anti-Corruption Commission was crippled when the President appointed a retired Archbishop, Eliud Wabukala, to leader and govern corrupt government officials.

    Actually, our constitution has well thought out Laws that can actually work to make our country better and great.

    These acts are supposed to be governing our members of the national house of laws.
    a) Parliamentary Privileges and,
    b) Parliamentary Powers 2017,
    c) National Assembly standing
    Orders and,
    d) Speaker’s Rules.

    Over 50 Legislators in the August house and another 30 from the Senate have active cases of Criminal Offences.

    But the most affected ones are members of the parliamentary committees.

    These legislators have active cases and allegations of extortion, bribery, corruption, breach of parliamentary acts and national assembly orders.

    Parliamentary committee members are the master chiefs of all major fraud and scandal not forgetting the massive bribes they collect to clear corrupt dealings within the houses.

    Samuel Kimeu, the Executive Director of Transparency International says very little has been done to realise the full functions of the Constitution.

    “Until we get a way in which State officers can lose benefits and stature when charged in court, we may not make much constitutional progress,” Mr Kimeu told a local press.

    National Council of Churches in Kenya Secretary General Peter Karanja also said that a rogue legislature, couple of selfish politicians and their cronies enacted laws that washed out the much needed Chapter 6 of the Constitution.

    An allegation that the National parliament speaker Justine Muturi refused to comment about when he was contacted by the investigators of this site.

    The National Assembly published last year that, there is an overlap between the Parliamentary (Powers and Privileges) Act 2017, the Leadership and Integrity Act and
    the Public Officer Act.

    With that out and aside, Nakuru Town East MP David Gikaria was charged today with assault, incitement, resisting arrest and causing disturbance at a Nakuru based Police Station.

    The Police said that the MP slapped a deputy sub-county commander when he was being questioned about the land grabbing allegations.

    David Gikaria was on 28th of January arraigned in court on eight counts of land fraud.

    On 25th June this year, Nakuru Town West MP Samuel Arama was also arraigned in Nairobi’s Milimani anti-corruption court on charges of conspiring to defraud Mr Ahmed Muhammad land in Nakuru Municipality in August 2015.

    Mr Arama was also charged of Misleading Ethics and Anti-Corruption Commission investigators.

    The notorious Bahati MP, Kimani Ngunjiri was on also arrested arrested for assaulting a lady traffic officer in Nakuru Town.

    He was later released by the court after they agreed to settle the matter privately.

    Bobasi MP Innocent Obiri is still fighting in the corridors of justice after he was charged with breach of peace by a Kisii High court.

    Mr Obiri was arrested and charged alongside his bodyguard Charles Nyakweba, who was charged separately of assault and malicious damage to property.

    Former president of Lamu County Issa Timamy was also charged with terrorism in 2014. A case that has been mentioned for over 4 years now.

    Changamwe MP Omar Mwinyi was earlier last year sentenced to four years in prison with an alternative fine of Sh1 million.

    He was charged and found guilty of assaulting two police officers during ODM party nominations in April 2017.

    Lugari MP Ayub Savula has a case to answer on charges of fraudulently obtaining Sh122 million from the Government Advertising Agency (GAA).

    Embakasi North MP James Gakuya was last year charged jointly with 12 others, of acquiring fraudulently Sh39.9 million from National Government Constituency Development Funds.

    The mouthy Sirisia MP John Waluke was arrested over corruption allegations that he denied at preliminary investigation but later a city court said he has a case.

    The controversial Nandi Hills MP Alfred Keter was charged alongside two businessmen with multiple counts related to forgery of Sh633 million Treasury Bills.

    Mwingi Central MP Gideon Mulyungi, who was a principal secretary, was in October last year charged with hate speech against the Presidency.