BY SAM ALFAN.
The election of Judge Daniel Musinga as the President of the Court of Appeal has been welcomed by lawyers describing the judge as humble and stickler to the rule of law.
Justice Musinga beat his colleague Hannah Okwengu with a single vote to lead the country’s highest court, which had 13 judges left.
Senior Counsel Ahmednasir Abdullahi was the first lawyer to welcome Justice Musinga’s election as the CoA president. He said Judge Musinga will take the court to greater heights.
“Justice Daniel Musinga’s timely election as President of the Court of Appeal is great news. He will take the court to greater heights,” said Ahmednasir.
The judge is referred to by many lawyers and judges as a quiet and brilliant jurist.
Others term him as a good choice for the court. They say he is not corrupt, although they fear he might lean towards the NGO world and opposition.
The Judge, who was appointed a judge of the High Court in 2003, delivered hard-hitting decisions between 2009 and 2011, a move that saw him get the 2011 Jurist of the year award.
Among the decisions he delivered include quashing the appointment of Attorney General and Chief Justice Kioko Kilukumi and Alnashir Visram respectively, by President Mwai Kibaki during the coalition government.
Later, Willy Mutunga and Githu Muigai were appointed to the positions.
In 2009, he nullified the creation of new districts, saying the units, which were done in a period of more than 10 years by President Kibaki and Daniel Moi, were done in contravention of the constitution.
While awarding him as the Jurist of the year 2011, International Commission of Jurists – Kenya Section said Justice Musinga had tirelessly and fearlessly shown commitment to the rule of law.
“His past decisions have helped assert the independence of the judiciary and have at all times aspired to uphold the Constitution, even in the face of considerable external pressure to do otherwise,” ICJ said.
