Judiciary of Kiribati
From Wikipedia, the free encyclopedia
The Judiciary of Kiribati is the branch of the Government of Kiribati which interprets and applies the laws of the country.[1] In addition to the Constitution of Kiribati and the corpus of laws, the laws of Kiribati include customary law, which the courts must take into account when considering specified matters in criminal and civil proceedings.
Courts
Magistrates' courts
Twenty-four magistrates' courts, composed of magistrates and a clerk, deal with less-serious civil, criminal, and land cases on a district basis.[2] Magistrates courts are district courts of summary jurisdiction and were formally established by the Magistrates Courts Ordinance of 1977.[3] They are by default composed of three magistrates appointed by the Minister of Justice on recommendation of the Chief Justice of the High Court, however, the Chief Justice may establish single magistrate units of which there are currently eleven operating on the islands of South Tarawa and Kiritimati.[3][4]
High Court
The High Court hears more serious civil and criminal cases appealed to it by the magistrates' courts. It along with the Court of Appeal is constitutionally established as Kiribati's superior court of record. Appeals relating to land, divorce, and inheritance are dealt with by the High Court's Land Division. Prior to 2014 there was only the one High Court judge, but in that year a second puisne judge was appointed. The Chief Justice of Kiribati is the Head of the Judiciary in Kiribati and is appointed by the President of Kiribati on advice from the Cabinet in consultation with the Public Service Commission. Additional judges are appointed by the president on advice from the Chief Justice in consultation with the Public Service Commission. Only a person who has held office as a judge (in any country) or who has been qualified to practice law for at least five years are eligible to be appointed to the High Court.[5]
Court of Appeal
The Kiribati Court of Appeal hears appeals from the High Court. The court is composed of the Chief Justice and other judges of the High Court, and other such justices appointed by the president on advice of the Chief Justice of the High Court sitting with the Public Service Commission.[5] Judges appointed to the court in addition to the High Court judges may sit on the Court of Appeal for a specified term or for particular causes or matters.[5] The president chooses which judge shall sit as President of the Court of Appeals. A Court of Appeal judge may not sit for an appeal for a case in which they gave a decision on any court on which they were a member.[5]
Judges may only be removed if they are unable to carry out the functions of the office, or for "misbehavior" as decided by the president on resolution by the Maneaba ni Maungatabu after advice from a tribunal appointed by the president, one of whose members must be a person who has held "high judicial office".[5]
Chief Justices
From 1877 to 1962, the Chief Justice of Fiji was ex officio the Chief Judicial Commissioner for the Western Pacific including the Gilbert Islands (as Gilbert and Ellice Islands colony).
| # | Incumbent | Portrait | Tenure | Head of State | Notes | ||||
|---|---|---|---|---|---|---|---|---|---|
| Took office | Left office | ||||||||
| Chief Judicial Commissioner for the Western Pacific and Chief Justice of Fiji (1877–1962) | |||||||||
| 1. | Sir John Gorrie[6][7] | 1877 | 1882 | Victoria | |||||
| Sir Fielding Clarke Acting |
 |
1882 | 1882 | Victoria | |||||
| 2. | Sir Henry Wrenfordsley[8][9][10] | 1882 | 1885 | Victoria | |||||
| Sir Fielding Clarke Acting for Wrenfordsley |
|
1884 | 1885 | Victoria | |||||
| 3. | Sir Fielding Clarke | |
1885 | 1889 | Victoria | ||||
| 4. | Sir Henry Berkeley[11][12][13][14] |  |
1889 | 1902 | Victoria Edward VII |
||||
| 5. | Sir Charles Major[15][16][17][18][19][20] | 1902 | 1914 | Edward VII George V |
|||||
| Albert Ehrhardt[21]
|
1910 | 21 February 1911 | Edward VII George V |
Ehrhardt, the then Attorney-General of Fiji, acted as Chief Judicial Commissioner while Major, the incumbent Chief Judicial Commissioner, was acting as High Commissioner for the Western Pacific. | |||||
| 6. | Sir Charles Davson[22][23][24][25][26] | 1914 | 1922 | George V | |||||
| Sir Kenneth Muir MacKenzie[27] Acting |
1922 | 1923 | George V | ||||||
| 7. | Sir Alfred Young, KC | 1923 | 1929 | George V | |||||
| 8. | Sir Maxwell Anderson, CBE, KC, RN (retd.) | 1929 | 1936 | George V Edward VIII |
|||||
| 9. | Sir Owen Corrie, MC[28] | 1936 | 1945 | Edward VIII George VI |
|||||
| 10. | Sir Claud Seton, MC[29][30][31] | 1945 | 22 November 1949 | George V | |||||
| 11. | Sir James Thomson | 1949 | 1953 | George VI Elizabeth II |
|||||
| 12. | Sir Ragnar Hyne[32][33][34][35][36] | 1953 | 1958 | Elizabeth II | |||||
| 13. | Sir Albert Lowe[37] | 1958 | 1962 | Elizabeth II | |||||
| Chief Justice of the High Court of the Western Pacific (1962–1976) | |||||||||
| 14. | Sir Geoffrey Briggs[38] | 1962 | 1965 | Elizabeth II
15. |
Sir Jocelyn Bodilly | 1965 | 1976 | ||
Gilbert Islands (from 1978)
| Name | Took office | Left office | Notes |
|---|---|---|---|
| James Aiden O'Brien Quinn | 1977 | 1979 | [39] |
Kiribati (from 1979)
| Name | Took office | Left office | Notes |
|---|---|---|---|
| James Aiden O'Brien Quinn | 1979 | 1981 | [39] |
| Jeffrey R. Jones | 1981 | 1985 | |
| Vincent Oluoma Maxwell | 1985 | 1990 | |
| Faqir Muhammad | 1990 | 1995 | [40] |
| Stanley Cory | 1995 | 1995 | Acting |
| Richard Lussick | 1995 | 2000 | |
| Robin Rhodes Millhouse | 2000 | 2011 | Also Chief Justice of Nauru 2006–2010[40] |
| Sir John Baptist Muria | 2011 | 2020 | [40] |
| Bill Hastings | 2021[41] | Incumbent | Suspended since 30 June 2022 (see 2022 Kiribati constitutional crisis) |
| Tetiro Semilota | 2022 | Acting |