Do You Foresee Justice Njagi As The Next Chief Justice?

General
1

The Employment and Labour Court Judge Marete D. K. Njagi was on Thursday morning at pains to explain why he jailed some of his staff for making noise in the corridors of the court.

The Judicial Service Commission had received some complaints against the judge by his staff who had accused him of being high-handed.
“For a long time, we have had this issue and it is not going away. We cannot sustain this. On this day, we heard (the) noise and asked my staff to have those making the noise called in. One was brought in and the other one said he was not coming in. What I did was stop proceedings and had the person brought in and put in jail,” he said.
“If you read the ruling clearly, you will appreciate that this was not a one-day matter. It is a matter that stretched over six months. Anybody is entitled to their feelings of any matter. The staff of the Judiciary would have their own feelings on me etc. But we must all live on firmness so as to get results and establish policies,” said Justice Njagi.

[ATTACH=full]359624[/ATTACH]

The judge was also asked why his card for persons with disabilities indicates that he suffers from a mental illness.
The judge, who appeared before the Judicial Service Commission for the interview for the position of Chief Justice, was put to task to explain why despite getting the card in 2015, following his application to the National Council for Persons with Disability, he had made no attempts to have the matter resolved.
Justice Njagi had requested the council to issue him with the card to facilitate his work at the Judiciary as a person living with a disability, saying that he suffered from visual impairment. The judge said that at the time of making the request, he was also suffering from diabetes.

[SIZE=6]Mental issues[/SIZE]

But JSC commissioner Justice Mohammed Warsame, put the judge to task to explain why the card indicated that he also suffered from mental issues.
“I have no mental issues. This was an error. I was warned about it by a colleague. I have never had time to have it addressed. The card was issued to me in 2015; I did not realize it was an error,” said Justice Njagi.
“I saw it from day one when the card was issued. I did not think it was an issue. I have a visual issue, and I am diabetic and I occasionally get affected by my sugar issue,” he added.
The judge, who is appearing before the 10-member JSC panel, was also at pains to explain why he had been insisting on traveling to his new stations with his wife, and even demanding that she be paid an allowance.
This was besides concerns that since his stints at the judiciary, he consistently had fights over drivers, a matter that had on numerous occasions, sucked in the registrar of the courts, and even the JSC.
“When I came to Judiciary, I opted to use a civilian and not a police driver. I am not able to deal with police drivers in the sense that I have a rigid schedule because of my health and other issues. I prefer a civilian driver who is flexible and able to respond to my needs,” said Justice Njagi.
And on why he had to travel with his wife: “When you take me to Kericho, my spouse must accompany me, on grounds which are medical. I am entitled to an aide. The issue is that this aide is so special that she has to be my wife. I am not able to live alone. I must have someone who is able to live with me, minus that I will be dead in three days.”

The judge is the fourth candidate appearing before the commission interviewing candidates for the position of Chief Justice that fell vacant following the retirement of Justice David Maraga in February.

[SIZE=6]Clearing of the backlog[/SIZE]

During the interview, Justice Njagi said, as a CJ, he would prioritize the clearing of the backlog of cases in the Judiciary, as well as the integration of technology to improve the efficiency of service delivery.
“I was a celebrity at Sheria House because of my work ethic. And even when I was transferred to Nyeri, there was a public outcry. I have demonstrated all through my career my ability and it all speaks for itself, which I believe is key for the job of Chief Justice. I am a very good material for this job of Chief Justice,” said Justice Njagi.
But the commission further pressed the Labour Court judge, who besides having a law degree also has a diploma in theology, on whether he had used theology to influence his rulings and judgments.
“Even if you are not a Christian, there is some religion that guides you, including African traditional religion. We were not called to (the) judiciary to come and preach, we were called to come and practice judicial law,” he said in response to questions from deputy chief justice Philomena Mwilu.
All the 10 JSC commissioners – Deputy Chief Justice Philomena Mwilu (Supreme Court), Justice Mohamed Warsame (Court of Appeal), Justice David Majanja (High Court), Ms Olwande (Chief Magistrates Court), Macharia Njeru (Law Society of Kenya), Ms Ann Amadi (Judiciary Registrar), Mr Kihara Kariuki (Attorney General), Patrick Gichohi (Public Service Commission), Mr Felix Koskei (public representative) and Prof Olive Mugenda (public representative) – are presiding over the selection process.

The JSC will also hire another Supreme Court judge to replace Justice Jackton Ojwang who retired last year.
Justice Njagi was among the first judges to be appointed to the newly created Employment and Labour Relations Court (ELRC) in 2012, under the 2010 Constitution.
The judge has in his eight years of service at the ELRC division, presided over some of the most contested and high-profile labor disputes that led to his suspension for nearly five months.
He was accused of misconduct, impropriety, conflict of interest, and breach of the judicial code of conduct.
On staff motivation, justice Njagi said he would allow judicial officers to form trade unions to champion their issues.
“If I become Chief Justice, I will allow any judicial officer in whatever capacity to form trade unions. It is easier to deal with issues in that manner. It would be easier to deal with issues like salaries in a structured manner,” he said.
Justice Njagi said the misconception people have on him and his decisions, is because of his personality, which is unique and forms only one percent of the world’s population but “makes the best leaders”.
“There are 16 personalities around the world. I belong to the Introverted, Intuitive, Feeling, and Judging personality group, known as the IFNJ. They are one percent of the world. All my life, I have known I am not an ordinary person. This is a special kind of person who is extra-ordinary who cannot relate to everybody else,” said Justice Njagi. :D:D:D:D

2

Huyu yake iliishia tu apo kwa interview

3

I can appeal for any case he ruled against me from 2005 that he did so without sound mind

He got that card in 2005

4

Fafanua zaidi

5

Huyu ni wazimu

6

:D:D:D

7

As someone said, they deliberately shortlisted funny characters so that one figure will ultimately outshine all of them. Guess who finally gets hired?

8

I don’t babysit

9

Perfect example of the arrogant, ignorant, incompetent civil servants that populate public institutions in Kenya.

10

Anyone who stood accused ,got sentenced in his docket from 2005 has a get out of jail free card now.All you need is a good lawyer to argue that he sentenced you with an unsound mind. Infact all his rulings should be overturned.

11

Well he is correct as far as the INFJ archetype goes, also I like how he jailed noisy staff

12

mumeru wa bhangi huyu

13

Vipi mzito

14

Former DPP Philip Murgor has hit back at some of his family members who were opposed to his candidature as Chief Justice on the grounds that Murgor had pitted relatives against each in an ongoing land tussle.

Murgor countered the claims by stating that his cousins had mentally and emotionally tormented one of the widows to death.

He added that his male relatives were trying to disinherit their female kin from their late father’s property, led by the eldest son, a member of parliament, who disinherited their 15 sisters and 5 widows.

https://www.kenyans.co.ke/files/styles/article_inner_mobile/public/images/media/Murgor.JPG?itok=5wBZ3rd8
Senior Counsel Philip Murgor during the interviews for CJ position on Friday, April 16, 2021.

Following the petition, Murgor denied having bullied his cousins out of their family property and further stated that no one else wanted to hear their case due to the intimidating nature of the brothers.

Mugor insisted that he was only trying to fight for justice for his ‘sisters’ as they were living from hand to mouth and without property.

“I always take a position when it comes to people who bully, and people who deprive others what is theirs. What makes it impossible for somebody other than myself else to represent them is because they found it impossible to find an advocate because of the nature of their brothers,” he stated.

[ATTACH=full]359756[/ATTACH]

He defended himself that he was only going above and beyond to ensure justice was done as the women had been insulted and bullied by their brothers.

In their petition, two of his cousins accused Murgor of trying to divide family members against each other contesting that he would not be qualified for the position of Chief Justice.

“We understand each individual is entitled to legal counsel of their choice. However, the four cases above demonstrated an individual out to break family units without cause other than to be sadistic,” read the cousins’ petition.

The former DPP is representing Enid Murgor against other family members in the William Cherop Murgor succession case that has been in court since 2012.

“We are concerned he has not used his knowledge and qualifications in law to provide advice to members of the Murgor family but narrowly to pit siblings against siblings as demonstrated in the following four cases, ongoing and settled in court," added the petition.

Meanwhile…

Justice David Majanja became an internet sensation on Friday, April 16, during the interview of Senior Counsel Philip Murgor for the position of Chief Justice by the Judiciary Service Commission (JSC).

Majanja was confirming details surrounding a 1990 case where second liberation heroes like George Anyona, Ngotho Kariuki and Edward Oyugi, were prosecuted by Murgor, when he mentioned that he was an Alliance High School alumnus.

“I’m asking these questions because you were there and although history is documented, I was not there. In 1990, I was in form four,” Majanja stated before he remembered that he had not indicated “at the Alliance High School.”

[ATTACH=full]359758[/ATTACH]
Justice David Majanja and senior counsel Phili Murgor during the Judiciary Service Commission (JSC) interviews on Friday, April 16.

His sentiments led ‘Alliance’ to trend for the better part of the day with social media users alleging that most students from the school never miss an opportunity to associate with the reputable institution.

“In Campus, there was a guy whom we nicknamed the ‘Alliance dropout,’ owing to his annoying habits of reminding everyone that he attended Alliance High School,” Sakwah Ongoma said.

“After you fight lawyers, vegans, Alliance alumni and black masks deep state, you have to face people who drink black coffee with no sugar,” commented Mariam Bishar.

We spoke to two Alliance High School alumni who agreed that there was a sense of pride that was associated with studying at the school due to its stature and history.

Boxraft Company CEO Robert Ndung’u, an alumnus of the school, narrated that there was a tie test that was issued in form one first term.

New students would be questioned on the school’s culture by older students and if they passed, they would be given a tie. However, if they failed, they would have to repeat the exam.

“Getting into the school is no mean feat and so it feels good to be associated with it. I have gotten good network connections because of studying at the school,” he said.

On his part, Martin Siele, an alumnus and journalist, told this writer that the school formed an integral part of a student’s lives.

[ATTACH=full]359757[/ATTACH]

“Just like any school alumni form bonds as friends, often for life, we network even in careers and this becomes part of our identity,” he divulged.

He concluded by saying that the quality of education in the country ought to be improved so that every county can have its own ‘Alliance’ that alumni can take pride in.

9 of the 15 members of Kenya’s independence Cabinet were former students at Alliance Student. Other notable alumni include celebrated author Ngũgĩ wa Thiong’o, State House Chief of Staff Nzioka Waita, Kisumu Governor Anyang’ Nyong’o, among others.

15

Niaje wariahe

16

Normalize calling me arab

17

Meet your new CJ… “Prof. Dr. Dr. Moni Wekesa”. :D:D

[ATTACH=full]360645[/ATTACH]

Prof Wekesa, a dean of law at Daystar University, has two doctorate degrees, two master’s degrees and two bachelor’s degrees in two different academic fields, and prefers to be referred to by the titles, “Prof. Dr. Dr. Moni Wekesa”.

He is an associate professor of law and an associate professor of sports medicine with an aggregate of 16 years of legal practice – mostly spent in the world of academia, but with little experience in the corridors of justice.

Wekesa on Thursday told the panel interviewing candidates for the position of Chief Justice that the reason why he has two doctorate titles –Dr Dr- was for prestige. :D:D

He said he acquired the practice from one of the universities he attended in Europe.
The university don, who is seeking to replace former Chief Justice David Maraga, told the Judicial Service Commission (JSC), that while doing his PhD in central Europe, he was encouraged by his professors and lecturers, as well as the culture, to use the two titles to demonstrate his academic sojourn and credentials.

“We have different academic cultures. Those people trained in the United States of America just write their names with a PhD. In the UK, they just write doctor and they are done. In central Europe, the culture is totally different. You write Professor, doctor, and if you have two you write professor doctor, doctor. If you have three, the same,” he said in response to a question from the panel chairperson, Prof Olive Mugenda.
“So it is a culture I picked from my alma mater. And it is also doing wonders here also because very many people have been encouraged. One even came to see me, he said I have encouraged him. He said he had a PhD in entrepreneurship and a PhD in law.”

Prof Wekesa, who is the ninth interviewee to appear before the JSC panel, said that his first agenda in the Judiciary, would be to transform the institution and make it people-centred and people owned, an initiative he said he would achieve through the incorporation of small businesses, like those of the boda boda – who are large in number but are rarely engaged in leadership.
“I am thinking about these boda boda riders in very many centres, they have a stake in the Judiciary. I would want us to set up some type of way, in collaboration with the NGOs, to be able to reach out to the boda boda riders. To be able to reach out to these traders at open-air markets. So that they can get to know about the Judiciary,” he told the panel.

The professor said his other agendas, should he be appointed a Chief Justice of the republic, would be to make access to justice easier for all, improve the efficiency of the courts and enforce the adherence to court orders by all and sundry.
“I would want to package four points; (1) how does the Judiciary work, (2) alternative dispute resolution mechanisms, (3) obeisance of court orders and (4) corruption. If we can pack these four points which can be packaged in a 15-20 minutes’ presentation, sell it to our boda boda riders, sell it to people everywhere, they will be able to move with us,” he said.

[SIZE=6]Corruption[/SIZE]
He went on: “I want the people to own the Judiciary. Once we get them to own it in that manner, where they have a lot of information about it, where they are able to associate with it, where they are able to feel what it does, then should we want to know about corruption in the Judiciary, they will tell us, because they are the people.”

Not known within the corridors of justice and with no major landmark case under his belt, Prof Wekesa was put to task to explain how his experience, both locally and internationally, would help bridge the gap he faces as an outsider of the Judiciary.
Court of Appeal Judge Mohammed Warsame, a member of the JSC panel, asked the professor to explain the criticism against his academic and professional sojourn that has seen him move between institutions and countries in short periods.
In response, Prof Wekesa said: “What is being described as nomadic tendencies is nothing other than a right to employment. An employee can be sacked under certain conditions or can leave. What I have done is exercise my rights under employment. My friends from central Kenya normally tell me that a person who has travelled has seen a lot. I would like this commission to trust me with the fact that I have travelled and seen a lot.”
“With respect to jurisprudence to the Supreme Court, the Supreme Court is very young. I would not like to pass a harsh judgment on it at this stage. It is still evolving. Let us give it more time,” he added.
Prof Wekesa has served in various institutions in Kenya, Africa and across the globe, with the most notable ones as the founding Dean of Mt Kenya University School of Law before he moved to Daystar University where he led the formation and accreditation of the law school.
Others were in the University of Botswana, the University of Namibia as well as a visiting professor of law at the Kigali University in Rwanda.

18

[ATTACH=full]360880[/ATTACH]

Lawyer Alice Yano, a candidate for the Chief Justice position, had a hard time answering interview questions when she presented herself before the Judicial Service Commission (JSC) on Friday, April 23.

[ATTACH=full]360867[/ATTACH]
Lawyer Alice Yano, a candidate for the Chief Justice position

On a number of occasions, she paused after being asked hard questions and had to seek more time to confirm the answers.
Her responses prompted a discussion on social media platforms, with most coming up with memes to light up the conversation.
“These JSC Commissioners shortlisted Alice Yano to embarrass her in the interviews. She’s really struggling it’s an eyesore.
The Alliance guy even had to remind her that the answers she’s looking for are in the constitution,” Nation columnist Gabriel Oguda stated.

https://www.kenyans.co.ke/files/styles/article_inner_mobile/public/images/media/majanja.JPG?itok=ys7fWHUB
Judge David Majanja during the CJ interviews on Friday, April 16, 2021.

“Counsel Alice Yano is struggling. She’ll leave that hot seat with a banging headache. Interviews are not a joke, especially when you are inadequately prepared for them,” Phannie Kwegah weighed in.

Asked how she would ensure that President Uhuru Kenyatta swears in the 41 judges that were fronted by retired Chief Justice David Maraga, Yano made a joke saying that she would contact First Lady Margaret Kenyatta to ascertain the President’s moods.:D:D:D

"I would meet with the commissioners, come up with a solution then go and meet the appointing authority.
“If we have a lady Chief Justice like for me, I think I would contact Mama Margaret Kenyatta and ask her to invite me for a cup of tea so that I get to know the moods of Mzee,” she stated, adding that she was joking.
Yano was the last candidate to be interviewed since the process began on April 12, 2021.

[ATTACH=full]360870[/ATTACH]
Justice Chitembwe Said Juma appearing before the JSC for his interview

The 53-year-old is the youngest amongst all applicants and she is the senior partner and proprietor of Yano and Company Advocates.
Despite her age, Yano exudes confidence that she is cut out to lead Kenya’s court system.
“I may be young in terms of application but not young in experience, as a firstborn in a family of 25 children in Nakuru, I became a leader at a tender age,” she stated.

[ATTACH=full]360873[/ATTACH]

So far, the candidates interviewed include; Justice Said Juma Chitembwe, Prof. Patricia Mbote, Lady Justice Martha Koome, Justice Marete Njagi, lawyer Philip Murgor, Lawyer Fredrick Ngatia, Justice Matthews Nduma, Justice William Ouko and Prof. Moni Wekesa.

The JSC has seven days from the end of the current interviews to pick a nominee whose name will be submitted to President Uhuru Kenyatta for an appointment.

[SIZE=7]Humour and Quotable Quotes From Justice David Marete[/SIZE]

During his interview, Justice Njagi Marete informed the panel that he belongs to a category of “extraordinary” human beings with high intuitive and personality traits, which make him the best candidate for the job. Brian Wasuna compiled some of the judge’s memorable answers…

On his ability:
The issue is not where you have been, the issue is are you able? I believe I am very able. Go to Chuka and look around, you will see what I have done. Even my coffee shamba boy will tell you this person is able. I have answered, how satisfactory the answer is, that is another question.

On his qualifications:
It has been said very loudly and I know that I can mark myself 90 per cent. Kenyans have loudly said, that is the man. The man in the airwaves. I am not talking about radio, I am not talking about TV. If you feel the air around Kenya today, it is very, very clear. They have said that this is the man. Did you see the two reviews I had in the newspapers? That is what I presume is the voice of Kenya.

On Judiciary transformation:
We are nine years down the line. We cannot go on transforming. We should have transformed.

https://img.youtube.com/vi/04w0gB6jmwQ/0.jpg
Justice David Marete speaks on his health, why he personally employed his own driver

On Judiciary independence:
We have come to learn that we are accountable and that accountability is part of our system and agenda.
We cannot run away from accountability in the pretence of independence. We have an employer.
This employer has invested in us and he must get results.

On mentorship:
I mentor in the air. I am a living teacher. That is why you find me shouting all over. Wherever I sit I am teaching.

On his experience: I
n 1963, most of our Cabinet ministers were below 30, without experience. Mzee Kenyatta himself became President, and he had not been president before. To gauge me, look at my history in Sheria House. We have not been in these big offices because nobody gave us an opportunity. You cannot hang us for it. Go to Chuka, do I own a cow or two, and how do I feed them? And if that is not answering enough, learning does not take centuries…
a leader just sits there, and implements policy. A leader states policy and leaves. A manager is left to implement. You lead and others follow!

On TSC’s perception of Marete calling Justice Rika a friend and brother (Rika had ruled in Marete’s favour against TSC):
We are equals. I have no enemies. It could be an issue if you are a simpleton. This is English we are speaking.
Not the language of the people of Chuka. Even in the language of the people of Chuka, it would be the same.

On his theology diploma:
There is some element of religion in everybody. Including African traditional religion, which I suspect is almost dead now with 130, 140 years of colonialism and post colonialism. Africa’s cultures and religions are almost dying. You must be able to separate and draw a distinction between the diploma in Theology and your religious faith and what you do. We were not called upon the Judiciary to come and preach.

On his personal record:
I have my issues on this kind of report, 271 judgments in three years. I doubt its accuracy because on average, judge Marete at Kericho, he was the sole judge in the station, and on average he would do about 20 judgments. So how would the 20 judgments and rulings, on the lower side, how would 20x24x3 amount to 271 and 73. This is 300 or 350. I doubt that accuracy. Unless there were issues of not submitting accurate returns I would clearly state that that is not an accurate report of my performance. And if it is, I would apologize and leave office.

https://img.youtube.com/vi/oT6DtPrrhdk/0.jpg
I’m a very simple man, when I become Chief Justice I will still not need security: Justice Marete

On driver:
I am not able to deal with the police drivers in the sense that I have a rigid schedule. I am not a good driver… Mutunga left, that did not happen.
I consulted the Chief Registrar Judiciary and we had issues and she told me what we are going to do is wait for an opportunity and an advert and get Mwangi to apply so that we can formalise that employment. Well, I was not convinced but that is not my area.

Still on driver:
In fact Mwangi ultimately left in fury. In year four, he got tired and left. I got other people. Intermittently police drivers would come in. One lasted a day, another lasted a week. The best lasted about three months. And they get very impatient and take off. Reasons? I would not be able to tell. But that is my matter with a driver. From September 7, 2014 going to six years now I have not had a driver supplied to me by the Judiciary. I have paid my driver.

On personal aide:
I cannot live alone whatsoever. We have a home in Chuka and in Nairobi. When you take me to Kericho, my spouse must accompany me. When I take any safari or any venture for the Judiciary which is out of my station, she must accompany me on medical grounds. Thank God, we will be Chief Justice in so little time and when we come to Nairobi we shall not require any of those issues because we shall be home… It was a justice issue. This lady must follow me, nobody is taking care of her. She has a home to take care of. She has her own interests, she has her own issues. Why won’t you compensate her as my employer? I am entitled to an aide. The only differential is that this aide is so, so specialised that she must be my spouse. Did I answer, or?

https://img.youtube.com/vi/N2ezvhFmIZ4/0.jpg
On disability allowance:
No, no, no. That one is an allowance which takes care of basics… I am not able to live alone. I require someone who must live with me. Minus that I will be dead in the next three days. So what happens? You’re moving them out of their jurisdiction, their home. So if you do, please take care of that because it is part of the employment contract.

On 2016/2017 request for security:
When we left for Kericho we left our boy in the house. At the period of seeking security the young man decided to go solo. So we sought security here. But no security came to assist us at Ongata Rongai. So what I did was my public relations with my boy. And one year down the line the place was vacant, entirely! For one year nobody guarded it. I thank God for that, for the security which was divine. So the young man has gotten back. I would not require any security.

Still on security:
If you look at my history I am not very fanciful of issues security. I can walk anywhere, even as Chief Justice. I have not offended anybody, I have not taken anything from anybody. If you throw a stone to me you can only be an aggressor. That is my theory of life. Simplicity is the hallmark of my life.

[email protected]

19

Shida iko wapi hapa naona umehighlight?

20

[ATTACH=full]361129[/ATTACH]