Why Njoki Ndung'u should be next CJ

She also served as a member of the Committee of Experts that drafted the 2010 Constitution.

When the Supreme Court nullified the 2017 election, Njoki read out a dissenting opinion that left many questioning the overall decision.

Her bravery and eagerness to stick to what she believed in and the law was vindicated when the same Supreme Court upheld President ’s victory after the repeat election.

In her dissenting opinion, Justice Njoki said the right of voters was not respected by the ruling of the majority as the failure of technology could not subvert the will of the people.

She also revealed that unlike her four colleagues who nullified the election, she had an opportunity to examine all forms 34B and 34A, which were clearly signed by agents of both Uhuru and Raila Odinga.

And 2017 was not the only time that she has stood on the right side of history and the law. She recently gave a dissenting opinion saying it was not right for the Supreme Court to meddle with a political and budgetary process.

She had also earlier disagreed with the majority when it ruled that the Judges and Magistrates Vetting Board could not dig up the pasts of judicial officers. Her dissenting opinions have set her apart as a judge who clearly understands and respects the doctrine of separation of powers.

Her becoming CJ will also be a big boost to affirmative action as she will break a major glass ceiling.

We do not need a judicial activist, rather a leader that will cement the independence of the Judiciary, protect the rights of Kenyans and hold the office of the CJ to a new standard that will be respected by all.

We have seen how the leadership of the Judiciary matters, looking at how both Willy Mutunga and David Maraga, the first and second chief justices under the 2010 Constitution, conducted the affairs of the courts.

What we need is a leader like Njoki who has worked as an MP and also closely with the Executive. She knows the good and the bad of both worlds and is less likely to be swayed by emotions when leading the Judiciary.

In all her public engagements since becoming a judge, Justice Njoki has always outlined her vision to ensure that all Kenyans have access to justice equally. For all that she has achieved in the public sector and the judiciary, she deserves to be the next Chief Justice.

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