JSC Accused of Denying Women Top Court Slots

Nairobi Star (Nairobi)

Jillo Kadida

21 July 2011

The Judicial service commission has been accused of deliberately denying women their fair share of appointments to the Supreme Court. Six women lobby groups challenging the appointment of Supreme Court judges on grounds of gender inequity yesterday told a court that the Judicial Service Commission had an intention to incite the women. Through lawyer Elisha Ongoya, the groups expressed their displeasure with the actions of the commission which they want the court to quash.

Ongoya was making submissions before high court judges John Mwera, Mohammed Warsame and Philomena Mwilu. The constitution, they said, advocates for gender equality and it is wrong for the JSC to go against this and appoint one woman and four men to the Supreme Court. According to them, women ought to have been given two slots out of the five. “You give every gender what is due to it and ensure only the best in that gender get it,” the lawyer said.

On its part, the commissionsays it did not breach any provisions of law in making the appointments and wants the case by women dismissed. It was also argued that only one woman qualified. The JSC says it cannot recalled the names of the nominees after they are submitted to the President. Yesterday the lobby groups said there was no requirement that all positions of the Supreme Court judges be filled the same day. “If only one woman qualifies, you can re-advertise for only women to apply,” Ongoya told the three-judge bench. For example, he said, the judges and magistrates vetting board had to be re-advertised when the applicants didn’t comply with requirements of gender balance among others.

The arguments arose out of case lodged by Federation of Women Lawyers Kenya (Fida), Centre for Rights Education and Awareness (Creaw), the League of Kenya Women Voters, Women in Law and Development in Africa, Caucus for Women Leadership, and Coalition on Violence Against Women (Covaw). The lobby groups teamed up to fight for women rights to the supreme court position. Their case was triggered by JSC’s decision to appoint Justice Philip Tunoi, Justice Jackton Boma Ojwang’, Justice Mohamed Ibrahim, Dr Smokin Wanjala and Njoki Ndung’u as Supreme Court judges.

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