A bruising battle that is expected to precede the appointment of the next Chief Justice appears to be already taking shape, and if the sentiments shared by a cross-section of leaders across the political divide is anything to go by, then it will be all about tribe.
In a surprising development that is set to raise a number of eyebrows, senior officials from the Orange Democratic Movement party and the One Kenya Alliance appeared to be in agreement over the issue.
This will be considered an unlikely alliance especially because ever since the fallout that occurred within NASA, and the resultant One Kenya Alliance, the two political outfits have treated each other with animosity and suspicion.
During a live political show on KTN News, Crossfire, which was hosted by Akisa Wandera, standing in for Sophia Wanuna, Kakamega senator Cleophas Malala brought up the issue.
Malala said that as currently is, the Judicial Service Commission already has four members from one region. Because of this, he added, it would be problematic if the issue was to be compounded by a Chief Justice from the same region. He asserted that because of this, there was no way that the country would have a Chief Justice from Mount Kenya.
TJ Kajwang’ who was also a guest on the show weighed in, concurring fully with Malala’s views.
He went as far as saying that not only would a Mount Kenya Chief Justice be problematic, but it would probably also be illegal, and challenged in the courts of law.
Presently, the JSC has ten members, four of whom come from the same region. They are Professor Olive Mugenda who also serves as the chair of the commission, Paul Kihara who sits in within his capacity as the Attorney General, Patrick Gichohi who represents the Public Service Commission, and Macharia Njeru representing LSK.