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Hon. Lady Justice Mary Kasango
Judge of the High Court of Kenya
Outline
• Background
• Second liberation, promulgation of the
Constitution of Kenya, 2010
• Vetting of judges and magistrates
• Judicial intervention to the process
• End
Background
Post Colonial Independence Constitutional
Order
a) 1963 multi-party democracy
b) 1983 amendment abolishing multiparty
system and its attendant effects
c) Clamour for constitutional amendment
2. Second Liberation, Promulgation
of the Constitution of Kenya, 2010
a) Judiciary under the constitution of
Kenya 2010
b) Peoples power in regard to reforms in
judiciary
c) Vetting process and the effects on gains
made by women in the Kenyan Judiciary
d) African girl/woman and the appointment
of women to the High court and the
court of appeal
3. Vetting of Judges and Magistrates
a) The vetting of judges and magistrates Act
No. 2 of 2011
b) Interpretation of vetting
c) Gains of women could be eroded
d) Guiding principle of the Act No. 2 of 2011
e) What the vetting board should determine
f) Suitability of judicial officer to serve to be
determined on certain information
g) Vetting process private/public decision
Recourse to review
4. Judicial Intervention to the Process
a) High court and its comments
b) Court of Appeal and its comments
End
Church House Conference Centre
London