BBI Appeals: Profiles of the Court of Appeal bench

The Court of Appeal of Kenya is established under Article164 of the constitution of Kenya and consists of a number of judges, being not fewer than twelve.

The Court handles appeals arising over the decisions of the High Court as well as any other court or Tribunal as provided for in Law and comprises a maximum of 30 Judges.

The judges of the Court of Appeal elect a President from among themselves.

The Court has been decentralized and currently has a total of six registries namely; Nairobi, Mombasa, Nyeri, Kisumu, Nakuru and Eldoret.

A seven-judge bench of the Court of Appeal is today (Friday) delivering a ruling on the Building Bridges Initiative (BBI) with all eyes are set on the Court of Appeal President Daniel Musinga, Judges Hannah Okwengu, Patrick Kiage, Fatuma Sichale, Gatembu Kairu, Roselyne Nambuye, and Francis Tuiyot, who are expected to either overturn the high court ruling that stopped the BBI process or uphold it.

So who are these judges?

Hon Mr. Justice Daniel Kiio Musinga

• May 2021 – elected President, Court of Appeal by fellow Judges pursuant to Article 164(2)
• Fellow of the Chartered Institute of Arbitrators
• January 2021 – nominated as Chairman, Judiciary Committee on Elections.
• 2018 to 2021-Chairman, Judiciary Rules Committee
• December 2012 – appointed Court of Appeal Judge
• 2013 to 2017-First Chairman, Performance Management and Measurement Steering Committee.
• 2003 – 2000- appointed Judge of the High Court of Kenya, posted to Nakuru
• 2003-Member of the Tribunal to investigate conduct of suspended High Court Judges.
• 2008- 2010-served in the High Court at Kisii.
• 2011- appointed Presiding Judge, Commercial and Admiralty Division, Nairobi.
• 2011- honoured by International Commission of Jurists as Jurist of the Year
• 2010: Honoured by the Law Society of Kenya for Distinguished Service in the Administration of
• Justice
• 2000 – 2003 – Chairman, LSK Mombasa Chapter
• 1991-2003-Founded Musinga and Company Advocates
• 1988-1991 – legal practice-Gikandi & Company advocates-Mombasa

Hon. Lady Justice Roselyn Naliaka Nambuye

• 2012-appointed Judge of the Court of Appeal
• Currently heads the Court of Appeal in Nairobi, Criminal Division
• 1991- appointed Chief Magistrate and in the same year elevated to High Court Judge
• 1988-1990- Principal Magistrate
• 1982-1986-Deputy Registrar and later Senior Resident Magistrate
• 1980-joined the Judiciary as District Magistrate Il (Prof)
• 1979-appointed a District Officer with special magisterial powers
• Founder member and a Past Chairperson of the Kenya Women Judges Association (KWJA)
• Holds a Master of Laws Degree (LLM) in Public International Law from the University of Nairobi (2008)
• Masters Degree in International Conflict Management (MAICM) from the University of Nairobi (2011)
• Masters Class Certificate in Business Management and Leadership (2017)
• Honorary Doctorate Degree from the Commonwealth University of Belize through London Graduate School, United Emirates (2017)

Hon. Lady Justice Hannah Magondi Okwengu

• 201l-appointed Judge of the Court of Appeal.
• Currently Head of Civil Division, Court of Appeal.
• Board Member representing Africa in the International Association of Women Judges.
• Chairperson of Judicial Committee that developed a Criminal Procedure Bench Book for the Judiciary.
• 2003 – Appointed Judge of the High Court.
• 1998 – Assistant Director in charge of Prosecutions in the former Kenya Anti-Corruption Authority.
• 1998 – Recipient of the LSK Award for Distinguished Service in the Administration of Justice.
• 1983-Joined Judiciary as Resident Magistrate and rose to Chief Magistrate.
• Past Chairperson of the International Association of Women Judges (IWAJ}Kenya Chapter.
• Holds Masters Degree in Law from Queen Mary University of London.
• Holds Certificate in Management from the University of Bradford-UK.

Hon. Mr. Justice Patrick Omwenga Kiage

• 2012-appointed Judge of the Court of Appeal.
• 2021 – Presiding Judge, Court of Appeal, Kisumu.
• 2015 – date,Regional Vice President for East, Central and Southern Africa on Commonwealth Magistrates’ and Judges’ Association Council.
• 2007-Special Prosecuting Counsel and Deputy Director, Public Prosecutions.
• 2007- 2012 – Lecturer in Law at Catholic University of Eastern Africa ad Kenya School of Law
• Author of Books: Criminal Procedure and Practice in Kenya and Family Law in Kenya.
• Over 10 years practice as a criminal defence lawyer.
• 2001-2007-facilitator and trainer in ADR for KNHRC.
• 1993-2007-worked with various law firms starting with Kurgat & Associates before moving to Nyachae & Company Advocates and later to Kiage & Company Advocates as Sole Proprietor and later as Senior Partner.
• Holder of a Masters Degree from New York University majoring in Public Service Law,
• Comparative Constitutional Law, Comparative Criminal Justice and Human Rights.

Hon. Mr. Justice Gatembu Kairu, FCIArb

• 2012- appointed Judge of the Court of Appeal
• 2009-2012-Proprietor, Arbitration and Mediation Suite.
• 1990-2012-Lecturer, School of Law, University of Nairobi.
• 1993-2009-Partner, Kairu & McCourt Advocates.
• 1987-1993-Associate, Kimani Kairu & Company Advocates.
• 1985-1987- Legal Assistant, Hamilton Harrison & Mathews Advocates.