Lawyer Ahmednasir Abdullahi has criticized Chief Justice Martha Koome, accusing her of bias in the selection of Court of Appeal judges.
In a fiery statement, Ahmednasir lamented what he perceives as the exclusion of non-judicial candidates, lack of scrutiny over judges’ records, and the neglect of merit-based considerations.
“Unfortunately, CJ Koome has now made judicial recruitment of judges an exclusive internal process to promote judges and magistrates,” he said.
“Lawyers in private practice and academics are totally excluded from the process.”
The lawyer further revealed a concerning trend where only a handful of the shortlisted candidates for the positions are not currently serving as judges.
Out of 41 candidates, only 8 of them hail from backgrounds outside the Judiciary.
This imbalance, according to him, raises questions about the fairness and inclusivity of the selection process.
“CJ Koome does not even look at the records of judges during this promotion exercise,” he stated.
In his statement, the renowned lawyer advocated for the prioritization of candidates with exceptional academic achievements and a history of excellence.
“Merit is critical in this exercise and candidates who were high academic achievers and who finished top of their classes must be given special and important consideration,” he said.
Diversity and representation also emerged as concerns in Ahmednasir’s long critique.
He urged the Judicial Service Commission (JSC) to ensure that the Court of Appeal reflects the demographics of the nation.
The lawyer also pointed out the need for inclusion of ethnic minorities, particularly from regions such as the Coast, Northern Kenya, Kuria, Samburu, Turkana, Pokot, and Maasai, to be adequately represented.
“The Court must reflect the face of the country,” stated Ahmednasir.
“We need more ethnic minorities in the Court of Appeal, especially from Coast, Northern Kenya, Kuria, Samburu, Turkana, Pokot, and Maasai.”
He went on to mention individuals who, in his view, merit consideration for their competence and representational significance highlighting names such as Justices Charo and Chacha Mwita.
Ahmednasir also questioned the exclusion of former Independent Electoral and Boundaries Commission (IEBC) chairman, Wafula Chebukati, insinuating that political motivations might have influenced his omission from the shortlist.
“Why is former IEBC boss Chebukati not shortlisted?” Ahmednasir posed.
Consequently, Ahmednasir urged for the preservation of gender representation within the judiciary.
He singled out the importance of maintaining and not diluting the significant presence of women in the Court of Appeal.
“Last, women have a good share in the court. Their share should be maintained and not diluted,” Ahmednasir said.
Ahmednasir also directed a message to non-judge members of the JSC, proposing a structured approach to candidate selection to ensure diversity and fairness.
He suggested that 40% of the shortlisted candidates should come from the judiciary, 40% from lawyers in private practice, and the remaining 20% from the civil service and academic institutions.
