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Supreme Court judges who will determine poll petition

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Supreme Court judges kenya
When Raila Odinga files his planned petition against the declaration of Uhuru Kenyatta as the winner of the just concluded presidential elections, the Supreme Court will hear it on a priority basis.
The Supreme Court, a creation of the new Constitution under Article 163, comprises the Chief Justice (president of the Court), the Deputy Chief Justice (vice-president of the Court) and five other judges.The law states the Supreme Court is properly constituted for purposes of its proceedings when it has a composition of at least five judges. As of now, the Supreme Court has seven judges although technically only six can sit in its proceedings because Justice Kalpana Rawal, the judge nominated to the position of Deputy Chief Justice is yet to be cleared by Parliament (because there is none at the moment) and be sworn-in.
So, let’s take a quick look at the wise men and women who will be hearing the petition and on whose hands the fate of Uhuru as 4th President of the Republic of Kenya lies.
Dr Willy Munywoki Mutunga: He is the Chief Justice of the Republic of Kenya. Although new in the Judiciary, Dr Mutunga has a wide experience in law having been a lecturer at the University of Nairobi and taught many of today’s best lawyers and judges. Mutunga became Chief Justice in June 2011 and his term comes to an end in June 2017. He holds a doctorate of laws degree from York University, Toronto. He is known for his scholarly approach to law and legal issues. Although head of Supreme Court, the CJ holds a single vote in its decision.
Justice Philip Kiptoo Tunoi: A long-standing lawyer and judge who got appointed to the Supreme Court in June last year.
Justice Mohamed Khadhar Ibrahim: He is a former legal partner in the law firm of Waruhiu Muite & Co Advocates. He got appointed to the Judiciary when President Kibaki ascended to power in 2002. He was appointed to the Supreme Court in June last year but was briefly out following complaints that he delayed judgments. He was however cleared of incompetence allegations and resumed his position in the Supreme Court.
Justice Smokin Wanjala: He is a former law lecturer at the University of Nairobi and a former deputy director of Kenya Anti Corruption Authority. He holds a PhD and has a scholarly approach to legal disputes.
Justice Njoki Sussana Ndung’u: She is a former student of Justice Smokin Wanjala at the University of Nairobi. She is also a former nominated MP best known for spearheading the Sexual Offence Act. In her earlier years, Justice Njoki was a prominent human rights activist and pro-democracy crusader during the early 1990s. This former student of Kenya High School has also worked for AU and holds a Masters Degree from University of Leicester, UK.
Deputy Chief Justice (nominee —Justice Kalpana Rawal): She is a long-serving judge. Her most recent assignment was chairing the Saitoti Chopper Crash Commission, which completed its work and presented its report to President Kibaki a few weeks ago. She was nominated Deputy Chief Justice following the disgraceful exit of Nancy Baraza. Her appointment awaits vetting and approval by Parliament when it convenes later in the year. Since she has not been vetted by Parliament, she will not be sitting in the deliberations of the Court. source:standard Digital





 
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