judicial appointments

Malawi court finds against judge’s claim for appeal court seat

A judge in Malawi has found himself in the unusual position of having to consider a colleague’s complaint, made before him in litigation, that the other judge had been unfairly passed over for appointment to a higher court.

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This must be one of the most unusual cases yet heard by Malawi’s high court: Judge Michael Tembo had to consider an application brought by fellow judge, Michael Mtambo, against the Judicial Service Commission (JSC) and Malawi’s president.

Former Chief Justices join row over Kenya President’s appointment of selected judges only

Kenya’s President Uhuru Kenyatta has appointed or promoted a number of judges. But not the whole list of 40 nominated by the judicial service commission. Only 34 were sworn in during a ceremony last week, causing strong criticism and strong justification by the President himself. Now two former Chief Justices, Willy Mutunga and David Maraga, have weighed in on the issue as well. Their comments follow criticism by some observers of their successor in office, the new CJ, Martha Koome.

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Former Chief Justice Willy Mutunga's open letter, published this week, was a detailed four-page critique of President Uhuru Kenyatta’s appointments. Those sworn in included just 34 of the 40 names given to Kenyatta by the judicial service commission for appointment and the decision to exclude six jurists has caused an uproar.

Judicial appointments’ problems spread like a virus

Like a rampaging judicial virus, political and other problems are infecting the process of appointing judges in a number of African countries. And there’s no vaccine or any other easy solution in sight. Developments in Lesotho, Zimbabwe, Kenya – and then, out of the blue last week, South Africa – all point to serious problems about the process of judicial appointments. Here’s a guide to the symptoms of this particular virus.

Lesotho

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