Justice Nduma Caught Flatfooted by Mwilu During JSC Interview

  • Justice Nduma Nderi (left) and Acting Chief Justice Philomena Mwilu
    Justice Nduma Nderi (left) and Acting Chief Justice Philomena Mwilu
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  • Justice Nduma Nderi on Tuesday, May 4, was hard pressed to answer questions from the Judicial Service Commissioner - acting Chief Justice Philomena Mwilu during his interview for the position of Supreme Court Judge.

    Mwilu put to task Nduma over various issues regarding jurisdiction and cases of judgement.

    "The court has a jurisdiction that is original and which it has yet to exercise, which would this be?" Mwilu prompted.

    JSC Commissioner Lady Justice Philomena Mwilu putting questions to candidates at the 2021 interviews for Chief Justice
    JSC Commissioner Lady Justice Philomena Mwilu putting questions to candidates at the 2021 interviews for Chief Justice
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    "Eeeerm.. the court... let's see.. I know I have it (the answer) my Lord but it keeps eluding me," Nduma answered.

    Further, Mwilu picked the judge's brain on past cases dealing with jurisdiction and their judgement. 

    "Still on jurisdiction, the court has determined matters on, as one of its purposes to create rich and indigenous jurisprudence, it has determined a very important case on traditions or something to do with traditions, would my Lord know what that case would be and what the issue was?" Mwilu asked.

    "Mmmh on traditions.." Nduma hesitated on Mwilu's query. 

    "Maybe traditions is the wrong word, let me give you the case and see whether you can give us the determination by the court and it is the case of Isaiah. If I go any further, I will be giving you the answer," said the acting CJ. 

    "I seem not to recall," said Nduma. "Let's just leave it there," Mwilu stated.

    Justice Nduma Nderi, an acclaimed Employment and Labour Relations Court judge, has amassed over 30 years in the legal profession.

    He was admitted as an advocate of the High Court in 1988 after graduating with a Bachelor of Law from the University of Nairobi. The judge is a proprietor of Nderi Nduma & Co advocates. 

    The JSC interviews have made headlines in the past three weeks as they are often regarded as the hot seat where candidates are put to task by the panel over various issues in a bid to weed out the weak and retain the most suitable candidate for the role.

    Justice David Marete Njagi and his counterpart Said Chitembwe faced the panel on Monday, May 3. The remaining candidates include Dr Patrick Lumumba, justices William Okello, Joseph Kiplagat and lawyer Alice Yano.
     

    Supreme Court Judges during a past court hearing
    Supreme Court Judges during a past court hearing
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