Justice Daniel Kiio Musinga was elected the President of the Court of Appeal on March 24, 2021.
Justice Musinga has replaced Justice William Ouko who was recently sworn is as Supreme Court Judge after replacing Justice Jackton Ojwang who retired in February 2020.
Ouko was nominated by the Judicial Service Commission (JSC) in a rigorous process to replace judge Ojwang who retired. Ouko’s deputy, Lady Justice Wanjiru Karanja, held the office on an interim basis as a substantial President of the Court of Appeal.
The announcement on Musinga’s appointment was made by the Independent Electoral and Boundaries Commission (IEBC) Returning Officer Beatrice Saki Muli to the Chief Justice.
Who is Justice Musinga
Justice Musinga was admitted to the bar in 1988, appointed High Court judge in 2003. President Mwai Kibaki confirmed his appointment to the High Court in 2004 after acting in the position from October 28, 2003.
Musinga has handled politically charged disputes with some of his decisions being unpopular with the establishment.
For instance, he nullified the election of former Bomachoge MP Joel Onyancha in December 2008. He consequently became the first to nullify the election of a member of the Tenth Parliament. This happened while Musinga was sitting in the Kisii High Court.
A year later, he declared that South Mugirango MP Omingo Magara’s election as MP was invalid.
Later he would hand Paul Waweru Mwangi an olive leaf after he declared that the National Vision Party aspirant had been unjustly denied a chance to contest by the Kamukunji returning officer.
He will also be remembered for blocking the Interim Independent Boundaries Review Commission (IIBRC) from publishing a list of new electoral zones in the Kenya Gazette. This he did after he confirmed interim orders issued by Justice Jeanne Gacheche that blocked the (IIBRC) from publishing the controversial list.
In yet another bold move, Musinga had ruled that former President Mwai Kibaki’s nominations to key justice and budget office were unconstitutional.
“I am satisfied that the nominations were in breach of Article 27(3) of the Constitution that guarantees fundamental rights and freedom of women and men to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.” he had noted while his ruling, Musinga had noted in his ruling.