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Rift emerges over CJ recruitment as lawyers disown Havi’s letter

Wednesday, March 31st, 2021 00:00 | By
Lawyer Philip Murgor. Photo/Courtesy

A rift has emerged among lawyers over the hiring of a new Chief Justice  with some members, now disowning a letter authored by suspended Law Society of  Kenya (LSK) President Nelson Havi to the Judicial Service Commission (JSC).

Havi had raised concerns on eligibility of three applicants for the CJ position.

But five LSK Council members, in a letter to JSC Secretary Anne Amadi, yesterday accused Havi, who has been grappling with allegations of micro-managing the society, of making a unilateral decision regarding the three nominees and projecting it as though it is the position of LSK.

Havi, on Monday communicated to JSC raising reservations regarding the candidates, whereby in one of the issues, he cited past poor performance and questionable character, which he claims does not befit the position of CJ.

However, Ndinda Kinyili, Faith Odhiambo, Aluso Ingati, Beth Michoma, Carolyne Mutheu, Bernhard Ngetich and George Omwansa fired back, asking JSC to ignore Havi’s concerns.

“Our attention has been drawn to a memorandum to the Judicial Service Commission signed by Havi on the March 29 purportedly issued on behalf of LSK and circulated on social media platforms.

“We write to confirm that the said memorandum neither emanates from the LSK Council nor does it reflect the position of the LSK,” the letter.

Preferred person

Yesterday, former Director of Public Prosecutions (DPP), Senior Counsel Philip Murgor, who is one of the persons Havi wants disqualified, accused a cartel of lawyers and personalities of hatching a plot to install their puppet as the next CJ.

“Havi and his benefactors have reached a point of desperation whereby if they do not get their preferred person appointed as the next CJ, they would rather destroy everybody on their way,” Murgor told People Daily.

The 10  battling to succeed former CJ David Maraga are Court of Appeal President Justice William Ouko, Court of Appeal Judge Martha Koome, High Court Judge Said Juma Chitembwe, Employment and Labour Relations judges Mathew Nduma Nderi, Senior Counsel Fred Ngatia, Murgor, Prof Patricia Mbote, Njagi Marete, Prof Moni Wekesa and Alice Jepkoech.

But Havi reportedly wrote to the JSC against Lady Justice Koome, Murgor and Mbote. However, the lawyers, in their letter said there were no compalints of misconduct .

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