Justice Ian Kirby is now president of the Court of Appeal. The Court of Appeal is the supreme court in the country and for the first time, it will be a stand-alone court, rather than an ad hoc gathering held as and when needed every year. Being president of the Court of Appeal means Kirby is the most powerful man in the judiciary alongside the Chief Justice. A permanent set-up may mean that Kirby will surpass even the Chief Justice as the most powerful man in the judiciary. Both the Chief Justice and Court of Appeal president are appointed by the President of the Republic. Historically the constitution puts the Chief Justice as the head of the judiciary. The Chief Justice convenes the body that proposes the appointment of judges to the President, the Judicial Services Commission. Experts remain unsure whether the head of the judiciary in practice is still the Chief Justice or the new man. In theory the Chief Justice retains the label but experts warn that in practice, even before the law is amended to reflect this, the main man might be Kirby. Whichever way it turns out, Kirby has become a very powerful man indeed. In practice if a case goes through the courts and does not find a proper solution or closure, he would ultimately have the final say. On paper he possesses all the experience needed to occupy such a position. There is virtually not a single senior position in the judiciary he has not occupied. He has been a senior partner in a number of legal firms, a state counsel, deputy Attorney-General, Attorney-General and a High Court judge. He is a respected and accomplished legal mind in the legal fraternity. So under normal circumstances, the appointment of a man of Kirby's calibre to such a position as president of the Court of Appeal should not raise eyebrows. However his personal associations may cast a cloud over his appointment. There are judges in the judiciary who are senior than him and critics must be wondering why they were overlooked. Media reports indicate that Kirby is a friend of Khama's and this has never been denied by both parties. In fact Kirby's involvement with the Khama's comes from way back.
In the 1980s, Kirby was a senior partner in Kirby, Helfer and Khama law firm, alongside Doreen Khama nee Mmusi. Doreen was married to Mphoeng Khama, the youngest son of Tshekedi Khama, an uncle to Ian Khama's father, Seretse Khama.
