Alan Hancox

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Alan Robin Winston Hancox (* 1932 in England ; † January 1, 2013 in Kisumu , Kenya ) was Chief Justice in Kenya (1989–1993) under Daniel arap Moi .

Life

Alan Hancox was born and raised in England. From 1954 he was a barrister in England, from 1957 he was a contract judge in Kenya, first as Resident Magistrate and in the same year as State Counsel under the Attorney General . Between 1961 and 1963, Hancox was Resident Magistrate in Nigeria and then again in Kenya as Senior Resident Magistrate . From July 5, 1965 he worked as a deputy registrar at the High Court in Mombasa.

On October 1, 1969, Hancox was appointed as a judge to the High Court and from September 30, 1975 he was also a member of the Review Tribunal . Alan Hancox was appointed judge of the Court of Appeals on November 4, 1982.

He was the only member of the Commission of Inquiry into the Insurance Industry (also Hancox Commission ), which was set up in 1986. The report has only been distributed to selected insurance industry stakeholders and has not been made available to the public. From December 10, 1987 to October 12, 1989, he was chairman of the Kenya Law Reform Commission .

Hancox was appointed Chief Justice on September 22, 1989, at the time of the opening of the multiparty system . His contract ran until the end of 1992, but due to the overlap with the presidential election , his contract was extended to the end of March 1993. Hancox's successor was the Ghanaian judge Fred Kwasi Apaloo . This made him the last contract judge working in Kenya to be partially paid by the British government.

He then moved to Guernsey and was Assistant Magistrate there until 2002 . In 1997 he was sworn in as Lieutenant Bailiff and retired in 2008. Alan Hancox, a stepson of Kenya's Chief Justice James Wicks , died on January 1, 2013 in Aga Khan Hospital in Kisumu.

criticism

Alan Hancox was considered loyal to the Kenyan government. Shortly after his appointment as Chief Justice, Hancox appealed to lawyers to loyalty to the President. In addition, in the Mwangi Stephen Muriithi v Attorney General case, he ruled that members of the public service should act on behalf of the President. He hired the government-loyal contract judge Norbury Dugdale as duty judge and thus entrusted Dugdale with the decisions on whether charges are accepted and which judges deal with them. In this position, he blocked applications for the enforcement of constitutional human rights.

Among other things, because of these decisions, he was repeatedly criticized by the Law Society of Kenya (LSK). Towards the end of his tenure, he curtailed the rights of the LSK. In 1991 there was a petition from 107 lawyers calling for Hancox to resign and at a meeting urging British Foreign Secretary Douglas Hurd to stop making payments.

Awarded medals

Publications

He worked on the Kenya Appeal Reports , also known as the Hancox Reports , which were published as two volumes by Butterworths Law . These publications contain the decisions of the Court of Appeal from 1982 to 1992.

ARW Hancox (Editor)

  • Kenya Court of Appeal Report (1982-1988). Butterworths Law, London 1991, ISBN 978-0-406-33026-0 .
  • Kenya Court of Appeal Report (1988-1992). Butterworths Law, London 1994, ISBN 978-0-406-01034-6 .
  • Decisions of the Court of Appeal for Kenya: unofficial reports, Volumes 1-7. Kaplan & Stratton, Nairobi 1983-1989.

literature

  • Paul Mwangi: The black bar: corruption and political intrigue within Kenya's legal fraternity. Oakland Media Services, 2001.
  • Kenya Yearbook Editorial Board (Ed.): Chapter 8: Judiciary. In: Kenya Yearbook 2013/14 .

Individual evidence

  1. ↑ a b Mutuma Ruteere and Mikewa Ogada: Kenya. (PDF) In: Democracy and the promotion of the rule of law in development cooperation. Konrad-Adenauer-Stiftung, January 2009, p. 90 , accessed on January 24, 2014 .
  2. ↑ Judicial Service Commission . Gazette Notice No 2422. In: Kenya Gazette . July 6, 1965, p.  688 ( limited preview in Google Book search).
  3. ^ Appointment of Puisne Judge . Gazette Notice No 3118. In: Kenya Gazette . tape  LXXI , no. 44 , October 10, 1969, p. 998 ( limited preview in Google Book search).
  4. ^ Appointment . Gazette Notice No. 188. In: Kenya Gazette . tape  LXXIX , no. 4 , January 28, 1977, p. 66 ( limited preview in Google Book search).
  5. ^ Appointment of Acting Judge of Appeal . Gazette Notice No 3285. In: Kenya Gazette . tape  LXXXIV , no. 45 , November 5, 1982, pp. 1400 ( limited preview in Google Book search).
  6. ^ The Commission of Inquiry Act . Gazette Notice No 4272. In: Kenya Gazette . tape  LXXXVIII , no. 43 , October 17, 1986, pp. 1534 ( limited preview in Google Book search).
  7. ^ A study of Commissions of Inquiries in Kenya. (PDF) Africa Center for Open Governance (AfriCOG), 2007, p. 21 , accessed on January 24, 2014 (English).
  8. ^ Appointment of Chairman . Gazette Notice No. 5968. In: Kenya Gazette . tape  LXXXIX , no. 51 , December 11, 1987, pp. 1736 ( limited preview in Google Book search).
  9. ^ Appointment of Chairman . Gazette Notice No 4940. In: Kenya Gazette . XCI, no.  44 , October 27, 1989, pp. 1428 ( limited preview in Google Book search).
  10. ↑ a b c Kenya Yearbook 2013/14. (PDF) Chapter 8: Judiciary. Kenya Yearbook Editorial Board, p. 339 , accessed August 3, 2016 .
  11. ↑ a b c Richard Dowden: Kenya replaces Chief Justice: British judge departs after bias accusations (CORRECTED). In: The Independent. April 2, 1993, accessed January 24, 2014 .
  12. ^ Royal Court tribute to former assistant magistrate. channelonline.tv, archived from the original on January 12, 2014 ; accessed on January 24, 2014 .
  13. ↑ Ex-Moi regime CJ dies in hospital . In: Saturday Nation Kenya . January 5, 2013, p.  15 .
  14. ^ A b Paul Mwangi: The black bar: corruption and political intrigue within Kenya's legal fraternity. Oakland Media Services, 2001 ( PDF ( June 24, 2010 memento on the Internet Archive )).
  15. ^ Maureen Catherine Feeley: Transnational movements, human rights and democracy. legal mobilization strategies and majoritarian constraints in Kenya, 1982-2002. 2006, p. 200 , accessed on January 24, 2014 (English).
  16. ^ National Roll of Honor Since Independence. Mars Group Kenya, March 22, 2011, accessed January 24, 2014 .
  17. ^ Supplement to the London Gazette. (PDF) In: London Gazette. December 30, 1993, accessed January 24, 2014 .
  18. ↑ What is Law Reporting? National Council for Law Reporting, accessed January 24, 2014 .
personal data
SURNAME Hancox, Alan
ALTERNATIVE NAMES Hancox, Alan Robin Winston (full name); Hancox, Alan RW; Hancox, ARW
BRIEF DESCRIPTION British judge, Chief of Justice in Kenya
DATE OF BIRTH 1932
PLACE OF BIRTH England
DATE OF DEATH January 1, 2013
Place of death Kisumu , Kenya