President William Ruto chats with Justice Katwa Kigen [left} and Karim Khan, then his lawyers as he arrived at the International Criminal Court ahead of the hearing. [File, Standard]
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President William Ruto chats with Justice Katwa Kigen [left} and Karim Khan, then his lawyers as he arrived at the International Criminal Court ahead of the hearing. [File, Standard]
Justice Kigen, the President’s ex-lawyer among the Supreme Court Judge applicants, barely days after his appointment
Court of Appeal Judge Katwa Kigen is among six applicants who are interested in replacing Supreme Court Judge Mohammed Ibrahim, who passed away a month ago.
Barely days after his appointment as a Judge, Kigen, who was President William Ruto’s lawyer, will battle out with Court of Appeal Judges Francis Tuiyott, Mohamed Ibrahim, and High Court Judge Joseph Sergon.
At the same time, the vacant position has attracted Ann Makori and Lilian Wanjiku, who are outsiders in the judiciary.
If Justice Kigen makes it to the Supreme Court, he will make history as the first judge promoted to a higher position after months of working at the second-highest court in the land.
At the same time, Tuiyott and Ibrahim will be making a similar move as Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu and William Ouko, who were also promoted from the same court.
If either of them emerges as the best, then the Supreme Court will have a majority of judges from the Court of Appeal.
On the other hand, Dr Sergon might enter into the history books, just as Justice Isaac Lenaola rose from the High Court to the Supreme Court.
Sergon, who is a veteran in the High Court, is perhaps the senior most Judges in the country.
In the just concluded interviews, Katwa, in the meantime, senior lawyer Katwa Kigen said that the Judicial Service Commission (JSC) has powers to look into judgments delivered by judges to determine if there is incompetence or misconduct. He said that this can only be done if the commission does not jeopardise the chance for either party to appeal.
There are several cases filed by judges who argue that the commission has no power to look into the merit of their judgments if complaints are raised.
On corruption in the judiciary, he said that the third arm of government is not Caesar’s wife, but the cries of corruption are exaggerated.
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Kigen, told the commission that, if he is nominated to be a Judge, he will bring in 30 years’ experience from his litigation in local, regional and international courts.
Asked how he is going to handle the image that he is a high-flying jurist and representing high-class clients, he said that he believes that he will serve collegially, consult widely and where there is a conflict of interest, he will alert his colleagues and withdraw.