APPOINTMENT OF THE DEPUTY CHIEF JUSTICE AND THE SUPREME COURT JUDGE

The Federation of Women Lawyers – Kenya (FIDA-Kenya), is a non-profit, membership organisation consisting of over 1,100 women lawyers committed to increasing women’s access to justice in both formal and informal justice systems in Kenya. FIDA Kenya was established in 1985 after the 3rd UN Conference on Women. The organisation’s vision is to have a society that respects and upholds women’s rights and the mission is to promote women’s individual and collective power to claim their rights in all sphere of life.

FIDA Kenya has been following with keen with interest the past interviews of the CJ position by JSC in which the Hon. Justice David Maraga, a person of male gender was selected as well as the ongoing interviews for the position of the DCJ and Supreme Court Judge. Yesterday we witnessed the Hon. Justice Pauline Nyamweya withdraw her candidature for the DCJ position citing her ethnic and regional balance consideration in light of the fact that she hails from the same ethnic community as the CJ nominee Hon. Justice Maraga. FIDA KENYA wishes to commend the HON. Justice Nyamweya for her selfless and patriotic act, despite the fact that she was also very qualified for the position she had been shortlisted for.

FIDA Kenya wishes to take this opportunity to point out to the JSC of the need to meet and comply with constitutional requirement of ensuring that the composition of the Apex Court meets the 2/3 gender principle as expected for all appointive positions. It is the FIDA KENYA position that currently as constituted in the Supreme Court as currently constituted is not compliant with the 2/3rds gender principle. FIDA KENYA urges the JSC to correct this anomaly during the ongoing recruitment process.

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