A word on the Court of Appeal judges and the Western region

Justice Aggrey Otsyula Muchelule
Justice Aggrey Otsyula Muchelule

The Judicial Service Commission (JSC) announced the outcome and final shortlist of Court of Appeal judges. The eleven selected are:

(1)         Francis Tuiyott

(2)         Hellen Amolo Omondi

(3)         Pauline Nyamweya

(4)         Weldon Korir

(5)         Msagha Mbogholi

(6)         Aggrey Otsyula Muchelule

(7)         Kibaya Maana Laibuta

(8)         Jessie Wanjiku Lesiit

(9)         Grace Mumbi Ngugi

(10)      George Vincent Odunga

(11)      Joel Mwaura Ngungi

Congratulations to those eleven men and women. But our Constitution allows all of us to express ourselves robustly on matters of governance of our country and the Judiciary is one such critical arm of our Constitutional architecture.

Analyzing the new appointments of the Court of Appeal the Counties of the former Western Province of Kakamega, Bungoma, Busia, Vihiga and neighbouring Trans Nzoia County only got one slot, Aggrey Otysula Muchelule. This is on the backdrop of the region having its representation in the Court of Appeal depleted with the retirement since 2010 of Justices D. Aganyanya, John Mwera and Festus Azangalala. So out of three retired judges in the Court of Appeal the region has only gotten one as a replacement.

In the eleven appointments, Nyanza province got three judges, Hellen Omondi, George Odunga and Pauline Nyamweya. Central Province or those with their roots scored three Jessie Wanjiku, Grace Mumbi, Joel Ngugi.

The elected leaders from this region at the Senate and National Assembly must wake up to the reconstruction of Kenya going on in the aftermath of the handshake between President Uhuru Kenyatta and Hon Raila Odinga. The momentum of the reconstruction is to gain more momentum and if our leaders are not alert we will as a region continue to even be marginalized twice over.

West Media has stated over and over that Kenya stands under the shadow of tyranny whenever the Agikuyu and the Luo Nation converge and is in turmoil when they diverge. The national cake now may end up being shared between the two communities the way it was for the last six years shared largely between the Agikuyu and Kalenjin Nation.

Yes, our Constitution stipulates equity in the distribution of public offices but it is men and women who carry out that Constitutional duty and their sense of equity and fairness most times starts and ends with their tribe, their cronies, and corruption as the underlying driver as they shout how they have upheld the Constitution. Vigilance and courage to speak out with facts about governance is key. Elected leaders the ball is in your court. Get your strategies right in the ongoing re-arrangement of Kenya’s institutions of governance and those that hold the steering wheels otherwise marginalization will become our other name.