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A storm is brewing in the Judicial Service Commission (JSC) following its decision to appoint Mokaya Frida Boyani as the next Chief Registrar of the Judiciary.

Former independent Policing Oversight Authority (Ipoa) chairman Njeru Macharia, a JSC commissioner, lifted the lid on the boardroom wars that occurred during the consideration of nominees for the position of Chief Registrar.

So bad were the alleged differences that saw Macharia issuing two demands that he wanted met when the announcement of Mokaya as the new Chief Registrar of JSC was being made.

First, Macharia had wanted his reservations towards the appointment of Mokaya be captured when the announcement was being made or in the alternative, a letter to fellow JSC commissioners expressing his divergent views on the appointment accompanies the press statement as an attachment for information to the public.

His demands were however not recorded by JSC as it went ahead and announced Mokaya as the next Chief Registrar.

“I humbly request that as the press statement is released announcing the appointment, the contents do include my position recorded in our meeting yesterday. Alternatively, please ensure this note accompanies the press statement to be released as an attachment for information to the public,” Macharia said in his letter.

In the letter shared by Senior Counsel Ahmednasir Abdullahi in his official X platform, Macharia said throughout the interviews until the conclusion, he had advised the commission to strictly adhere to the principle of transparency and good governance.

Macharia added that he had told his fellow commissioners to ensure the Chief Registrar and the Deputy Chief Registrar are not occupied by persons of the same ethnicity.

The move, he claimed was, however, opposed by commissioner David Majanja who is the Kenya Magistrates and Judges Association male representative who proposed a contrary opinion and was seconded by Jackline Ingutia, the Law Society of Kenya (LSK) female representative.

Their position was supported by majority of the commissioners, Macharia confessed in the letter.
Contrary opinion

“Hon David Majanja proposed a contrary opinion and was seconded by Hon Jackline Ingutia and their resolution was supported by the majority.

“You will recall that during our engagement with the stakeholders they requested for complete transparency including opportunity to scrutinise the score sheets to ensure the integrity of the process,” the letter adds.

But in a response directed to Macharia, Ahmednasir told him off, accusing him of awarding his candidate higher marks and Mokaya a mere 14 per cent.

Read the message posted on X platform: “Shame on you and shut up Mr Macharia Njeru…you are a tribal bigot! Deny or confirm that you graded Ms Mokaya 14%…and you awarded your candidate 99%…shame on you!”

The wars came hours after JSC appointed Mokaya as the next Chief Registrar for a five-year term. JSC Chairperson and Chief Justice Martha Koome named Mokaya as the best-suited candidate for the position, on the same day the commission interviewed the seven shortlisted candidates.

Those interviewed alongside Mokaya were Kandet Lenkamai, Kendagor Jepyegen, Ndemo Maina, Wambeti Ireri, Ouma Busalile and Macharia Wachuka.

According to the Constitution, the Registrar is responsible for the efficient management of the day to day operations and administration of the judiciary.

State officer is among other things mandated to plan, prepare, implement and monitor the Judiciary budget and collect, receive and account for revenue, administer the Judiciary Fund and serve as the Secretary to the Judicial Service Commission.

Support services

Registrar is also in charge of support services in the Judiciary and in particular, planning, development and organisation of staff

JSC advertised the position of Chief Registrar on October 23, 2023 and received 43 applications out of which seven were shortlisted and interviewed.

“Commission shortlisted seven candidates who were interviewed on Monday, March 18. Following deliberation and careful consideration of the candidates based on merit, performance and suitability for the position, JSC has appointed Mokaya Frida Boyani as the Chief Registrar of the Judiciary for a five-year term,” Koome said in a statement.

Prior to her appointment, Mokaya who has over 27 years’ experience in the legal profession, was serving as the Registrar of JSC since 2012.

“Commission congratulates Mokaya on her appointment and thanks all the candidates, stakeholders and Kenyans for their participation in the recruitment and selection process,” Koome stated.

She joined the Judiciary in 1997 and served as a District Magistrate II (Prof), Resident Magistrate, Senior Resident Magistrate, Principal Magistrate and Senior Principal Magistrate.

She holds a Bachelors of Law degree from the University of Nairobi and a post-graduate diploma in Law from the Kenya School of Law and is also a Certified Public Secretary.