Tebutt stepped down on Friday after serving 16 years in the Court of Appeal, the last nine as President of the court.
The appointment of Kirby comes at a time when there are plans to establish a permanent Court of Appeal. Among many notable cases, Kirby presided over the Motswaledi Constitutional case in which he challenged the presidential immunity. While in Botswana the Chief Justice is the head of the judiciary, as in most Commonwealth countries. The relationship between the High Court and the Court of Appeal has not been clear cut. The Court of Appeal reviews decisions of the High Court but the Chief Justice does not sit on the Court of Appeal. There has been speculation that the current administration wanted to come up with a policy that will have the Judge President of the Court of Appeal as the head of the judiciary.
When bestowing the outgoing Judge President with a Presidential Order of Honour last week President Ian Khama described Tebutt as a tireless worker who has made a huge contribution to the country's justice system.
