Justice Philip Waki of Kenya Sworn in as Alternate Appeal Judge

Justice Philip Nyamu Waki (in photo), a prominent Kenyan jurist, was sworn in on Monday as an alternate judge of the Special Court’s Appeals Chamber. 

Justice Waki made his solemn declaration before Registrar Binta Mansaray at a special ceremony held in the Special Court’s courthouse in Freetown. Special Court President Justice Jon Kamanda then gave the closing address.  

The solemn declaration was witnessed by Attorney-General and Minister of Justice Franklyn Bai Kargbo on behalf of the Government of Sierra Leone, and by Acting Head of Mission, UNIPSIL Berhanemeskel Nega representing the United Nations.  

Justice Waki joins the Appeals Chamber in advance of any appeal which may follow judgement in the trial of former Liberian President Charles Taylor. He was appointed jointly by the United Nations and the Government of Sierra Leone. 

Justice Waki became a judge of the Kenya Court of Appeal in 2003, after having served as a Judge of the High Court of Kenya for nine years. Prior to 1995, he was in private law practice in Kenya since being called to the Bar in 1975. Justice Waki has worked actively for reform within the Kenyan judiciary. In 2008 he was named to head the Commission of Inquiry into Post-Election Violence in Kenya, also called the “Waki Commission,” to look into the political violence committed during Kenya’s 2007 elections. 

In 2008 the International Commission of Jurists (Kenya) presented Justice Waki with the “Jurist of the Year Award.” 

Below is the Registrar’s address at today’s swearing-in ceremony for Justice Philip Waki 

Honorable Frank Kargbo, Attorney General and Minister of Justice of the Republic of Sierra Leone,

Mr. Nega, Acting Head of Mission, UNIPSIL and Representative of the United Nations,

Honorable President of the Special Court Justice Jon Kamanda,

Honorable Justice George Gelaga-King,

Honorable Justice Philip Waki,

Prosecutor Brenda Hollis

Your Excellencies, and Representatives of the Diplomatic and Consular Corps,

Distinguished Ladies and Gentlemen:

It is my honour to welcome you today to the Special Court for Sierra Leone for the swearing-in ceremony of Honorable Justice Philip Waki as an Alternate Judge of the Appeals Chamber.

In December 2006, an Independent Expert recommended that the Court appoint an Alternate Judge for the Taylor trial, and an Alternate Judge for the Appeals Chamber. That expert, the late Judge Antonio Cassese, pointed out that the Taylor trial would be “of central importance to the success of the Special Court,” and he stressed that “it is very important for it to run smoothly and not falter.”

Judge Cassese suggested that the Special Court appoint a “distinguished African jurist”. Today I am proud to say that, Justice Philip Waki in whose honor we are gathered here today represents the distinguished African jurist the Late Justice Cassesse had envisioned.

Justice Waki, you are joining an Appeals Chamber which will be remembered both in history and in precedent for breaking new grounds in international jurisprudence. It was this Chamber which first decided appeals relating to the conscription, enlistment and use of child soldiers; forced marriage as a crime against humanity; and attacks directed against UN peacekeepers as a war crime. It was also this Chamber which laid down the standard that defines Joint Criminal Enterprise.

Your appointment as Alternate Judge to the Appeals Chamber is a sign that the Special Court has yet again taken a step closer to completing our mandate—but there is still work to do. The trial judgement in the Taylor will be delivered in the coming weeks. The Appeals Chamber will hear any appeal which may arise out of the Taylor trial. The Judges may also be called upon to hear appeals from contempt trials pending in Freetown.

Justice Waki brings with him a wealth of experience that would be beneficial to the Appeals Chamber. Justice Philip Waki has been a judge of the Kenya Court of Appeal since 2003, and from 1995 to 2003 served as a Judge of the High Court of Kenya. In 2008, he was named to head the Commission of Inquiry into Post-Election Violence in Kenya, also known as the “Waki Commission,” which looked into the political violence committed during Kenya’s 2007 elections.

Justice Waki received his Bachelor of Laws Honours degree in 1974 from the University of Nairobi, and was admitted to the Roll of Advocates in 1975, at which time he entered into private practice before the Kenyan courts.

As a lawyer and then as a judge, Justice Waki served in the Kenyan judiciary for nearly 40 years. He was known as a judicial reformer, and as a thoughtful scholar of international law.

The International Commission of Jurists (Kenya) presented Justice Waki with the “Jurist of the Year Award” for 2008

I could go on and on and on as there are so many good things to say about Justice Waki, but at this stage I will now proceed with the Solemn Declaration by Justice Philip Waki, in accordance with Rule 14(A) of the Rules of Procedure and Evidence of the Special Court for Sierra Leone. 

May I invite you, Honorable Justice Waki to please join me at the rostrum and make your Solemn Declaration.

Special Court for Sierra Leone, Outreach and Public Affairs Office

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