Sep 20, 2021

Mawazo Writing Africa

Writing about the main

Search for CJ: Why you can’t write off Justice Nduma Nderi

This is not a blind ambition. His resume would believe anyone who believes Justice Nderi is an outsider in the running for Chief Justice’s suite. If you thought of the Kenyan Supreme Magistrate’s position as one person with a constellation of legal and other skills and experience, you would not write them off.

Judge Nderi, who was admitted to the bar by The High Court in 1988 earned a Bachelor of Laws from the University of Nairobi and a Master of Laws in International Commercial Law from Stellenbosch University in South Africa. After his admission as a lawyer, he worked as a paralegal in a company before setting up his own law firm in 1989.

His professional stay gave him international work experience at Swaziland’s Bar and Bench. His legal experience in Swaziland was Senior Crown Counsel with the Government of Swaziland for a period of five years from 1993 onwards.

In 1998, Judge Nderi was already Judge President of the Swaziland Employment and Labor Relations Court

Justice Nderi’s leadership and focus on labor relations is not limited to legal knowledge, he also holds a degree in human resource management for corporate organizations.

After returning to Kenya from Swaziland, Justice Nderi was one For a time head of the legal department of the leading Kenyan employers’ union, the Federation of Kenya Employers (FKE) for two years, followed by a position with the East African Community as its chief legal officer.

From the East African community he became Kenyan in 2012 Labor and Labor Relations Court appointed.

Inherently b ias

With this arsenal of qualifications and experience gained internationally, no sane person would believe that Judge Nderi’s candidacy for Chief Justice is fickle. The judge has the unique experience of having worked internationally.

In addition, the judge has the experience of having worked for the government as a lawyer and then for an employer’s union in another country. This must have given him a unique approach to law, both as a judge and as an advocate for different parties with different interests that need to be addressed in the courts.

It is understood that the Most professionals, and particularly proponents, tend to develop an inherent bias towards the causes or types of customers they represent. In the case of Justice Nderi, as an attorney for the government in Swaziland and as the legal director of the FKE, one would say that he has built sympathy for employer and government positions.

This kind of bias does not exist in the work of the judge evident. His judgments on two cases decided in Kenya would tell you that his professionalism is beyond the inherent prejudice of the association. A decision made by the judge last year in favor of a domestic help dismissed by an employer confirms his independence.

The applicant had worked as a domestic help in Eldoret for almost two years. Upon request for a raise, the domestic help was dismissed and denied access to her previous job.

Judge Nderi’s judgment made it clear that all employees, regardless of their status, deserve fair treatment at work and her compensation for unjustified termination of her employment relationship, including compensation for holidays on which she was forced to work, as well as the order from the former employer to issue her with a certificate of service.

With this decision It will demonstrated that the judge believes justice is truly blind, but if not, status is indifferent.

The second case was a decision against no less than the largest employer in the country, the Teacher Service Commission . In 2015, Justice Nderi heard and ruled a motion from the teachers ‘union for a long-rejected pay increase.

Promotes Peace

Despite government claims that teachers’ salary expectations are unaffordable, The Richter granted teachers a pay increase of up to 50 percent to bring them in line with the pay of other government employees.

This is what he said at the conclusion of this important decision: “Hopefully this ruling will mark the era will end the arbitrary remuneration of teachers. “

These words are not wholesome. They show a necessary sensitivity for any person who wishes to serve as the chief judge in the country’s highest court.

These two judgments reveal some nuggets about Justice Nderi’s approach to judging. First, that justice must be done in a way that promotes peace, not just between the parties to the dispute but beyond.

Second, they point out that despite their work for the government and the Employers have worked. At various stages of his career, he is not bound to the excuses and reasons employers put forward in order to avoid fair behavior towards employees.

In other words, Justice Nderi shows that he is not in positions or legal Results is bound based on history and association. This is the hallmark of a judge’s oath and, may I add, a first-class qualification for a chief judge.

The fact that he has held senior positions in courts in various countries must also testify to something about the judge’s administrative skills Leadership.

The entirety of Judge Nderi’s extensive experience in appraisal and management, deep qualifications and academic qualifications, and the apparent personal belief in doing justice without fear or favor as seen in his decisions , would put him in a good place in his search for the Chief Justice.