Chief Justice Martha Koome (right) receives the instruments of power and the State of the Judiciary report from Deputy Chief Justice Philomena Mwilu, at the ceremony for assumption of office for the Chief Justice, outside the Supreme Court buildings in Nairobi on May 24, 2021.
| Simon Maina | AFPNews
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Women take top leadership positions in the Judiciary
What you need to know:
- At the apex of the Judiciary, Mrs Koome is deputised by Philomena Mwilu, who has been the Deputy Chief Justice since 2016. In the past, the top two positions in the Judiciary have often been distributed between male and female.
The swearing-in of Chief Justice Martha Koome on Friday marked the first time a woman was ascending to the position in Kenya’s history.
But it is more than that. With the swearing-in of Mrs Koome, all the key positions in the Judiciary are now held by women -- yet another milestone in the push for gender parity in the patriarchal society Kenya is.
“The Judiciary has demonstrated with clarity that they are fully aware of what the Constitution of Kenya, 2010 requires by national values such as equality and non-discrimination. The Judiciary has illustrated equality within the profession, after all the judges were classmates in the same law schools and they undergo the same rigorous process to qualify as judges. Before, the positions were all male-dominated but now women have emerged as capable leaders too,” said Ms Anne Ireri, the executive director, Federation of Women Lawyers, Kenya (Fida-K).
At the apex of the Judiciary, Mrs Koome is deputised by Philomena Mwilu, who has been the Deputy Chief Justice since 2016. In the past, the top two positions in the Judiciary have often been distributed between male and female.
The first recruitment under the 2010 Constitution saw Dr Willy Mutunga become the CJ, while Dr Nancy Baraza was the deputy, before she resigned following a recommendation by a tribunal that she be removed from office after an altercation with a security guard. Dr Baraza’s successor was Justice Kalpana Rawal.
Upon the retirements of Dr Mutunga and Justice Rawal, the Judicial Service Commission (JSC) settled on David Maraga as CJ and Ms Mwilu as his deputy.
The trend had been expected to continue but the commission broke it when it recommended the appointment of Mrs Koome to be the new CJ.
Other top women
The dominance of women in the Judiciary continues with Ms Anne Amadi, who is the chief registrar.
The Judicial Leaders Advisory Council, which is headed by the CJ, has among its members the president of the Court of Appeal and the Principal Judge of the High Court.
With the promotion of Justice William Ouko to the Supreme Court, Justice Wanjiru Karanja has been the acting president of the court. Her promotion could be confirmed next week when judges of the Court of Appeal elect their new president, thus putting yet another woman in the leadership of the Judiciary.
The Principal Judge of the High Court is Justice Lydia Achode. At the Employment and Labour Relations Court, the Principal Judge is Maureen Onyango.
At the JSC, Mrs Koome will now take over the chairmanship. Prof Olive Mugenda was the interim vice chairperson and chair of the interview panel during the interviews for Chief Justice and judge of the Supreme Court. She is likely to remain the vice chairperson of the commission.
Chief Justice Martha Koome poses for a photo with her predecessor David Maraga after the assumption of office ceremony outside the Supreme Court buildings in Nairobi on May 24, 2021.
Answering a question from one of the commissioners about majority positions in the Judiciary being held by women, then a candidate, Ms Koome replied that the output matters more.
“As long as they are qualified and competent in their discharge of functions, I have no problem. Even if I am appointed to the apex position in the third arm of the government we shall deliver to the required standards as expected of us by Kenyans and Wanjiku,” Mrs Koome told the JSC.
Mrs Koome further responded to the question by the interviewing panel saying “naturally, women nurture and the Judiciary needs exactly that so that it can discharge its mandate of dispensing justice and growing to the next level.”
Women also take most of the positions among the registrars. At the Supreme Court, the registrar is Ms Esther Nyaiyaki.
Merit and consistency
According to Ms Ireri, the women in these positions have earned them through merit, consistency and proven records.
“It goes to show women in the Judiciary are clear on taking up leadership and the institution of the Judiciary has also taken note of the impact of great leadership by women. All this goes to show the great transformation that is taking place within the Judiciary and that it is not business as usual any more. Other institutions should bench mark with the Judiciary and learn from their experience,” the Fida-K boss added.
Mrs Koome’s appointment was well received in many quarters. Deputy President William Ruto reacted to her appointment, saying: "The swearing-in of Justice Martha Koome is a bright dawn delivering overdue justice and vindicates our collective aspiration to be a society founded on equality, inclusion and constitutionalism. The more women at the helm of leadership the richer and fairer we are. It's beautiful."
Narc Kenya party leader Martha Karua said: "Congrats to CJ Martha Koome upon her appointment. Much is expected of her and I wish her well and pray that God’s grace be upon her to serve with dedication and to remain steadfast to her oath of office".
Former Liberian President Ellen Johnson Sirleaf had earlier congratulated Justice Koome.
"My warmest congratulations to Lady Justice Martha Koome as she becomes the first woman to serve as Chief Justice of Kenya. Women's equal representation in legal systems is integral to achieving fair, just, and inclusive societies."
In a statement, the Law Society of Kenya promised Mrs Koome that she “will never walk alone during her tenure as the Chief Justice of the Republic of Kenya”.
