KENYA: Two face judicial panel as search for new DCJ starts

By PAUL OGEMBA

The search for the next Deputy Chief Justice started on Monday, with two candidates being put to task over their ability to replace Ms Nancy Baraza.

International Law Scholar Phoebe Nyawade was the first to face the nine-member Judicial Service Commission panel, followed by appellate judge Kalpana Rawal in the afternoon.

Dr Nyawade was put to test over her grasp of the local judicial system, and was at pains to convince the panel that the 26 years she has been away would not affect her performance.

She explained that although she had not paid much attention to recent court decisions, her roots were strongly embedded in the Kenyan system and would require only 100 days in office to acclimatize to the system.

Ahmednassir Abdullahi: Apart from that academic, what other common touch with the people do you possess?

Dr Nyawade: I am a Kenyan who grew up in Kenyan schools.

Despite teaching in London for the past 24 years, I have been dealing with cross-cultural students and the fact that my family leaves here makes me a frequent visitor.

Prof Christine Mango: What is your thought on cross-border crime, cyber-crime, piracy and others affecting our society?

Dr Nyawade: I believe solutions to our problems are not entirely to one institution. They need cooperation and bilateral relations with other countries.

Rev Peter Kobia: How do you understand the Kenyan work ethics and would you fall in the trap of corruption if appointed DCJ?

Dr Nyawade: I believe majority of Kenyans are hardworking with little enumeration but my motivation has never been material gain but to serve.

Prof Githu Muigai: How would you rule on the controversial issues of capital punishment, abortion and homosexuality if they end up at the Supreme Court?

Dr Nyawade: The Constitution protects everyone and I will give an answer depending on issues litigants will raise.

Asked what new experience she would bring to the judiciary, Dr Nyawade said she would bring a culture of accountability and support performance-contracting to weed out non-performing staff.

She said her philosophy would be to apply the law faithfully and impartially adding that in the event where there exists an ambiguity she would devise a mechanical solutions.

Source: Daily Nation (19/02/2013): http://www.nation.co.ke/News/Search-for-new-DCJ-starts/-/1056/1697840/-/11veusoz/-/index.html