Former Chancellor of the Judiciary, retired Justice Cecil Kennard passed away yesterday morning. He was 86.
Kennard, who was also a longtime Chairman of the Police Complaints Authority (PCA), died around 2 am at his home after a brief period of illness that had seen him hospitalised for some time.
During his decades-long career in law, he serves in many capacities, including as State Prosecutor within the Chambers of the Director of Public Prosecutions (DPP) during both pre- and post-independence, and as legal advisor to Guyana Police Force (GPF).
He was eventually appointed as a Magistrate, High Court Judge, Justice of Appeal, Chief Justice and later Chancellor of the Judiciary.
Kennard was also a recipient of the Cacique’s Crown of Honour.
Kennard last held office as the Chairman of the PCA, which he headed from 2002 until 2017.
In a brief statement, President Irfaan Ali said Kennard’s contributions had created a better Guyana for all. “Justice Kennard’s contribution to Guyana is nothing short of extraordinary. His relentless and unwavering work in the Judiciary and on improving the governance of our country has created a better Guyana for all of us,” Ali sad.
“As we say farewell to the great Guyanese soul, let us recommit in his honor, to do our very best to the further development of Guyana,” he urged.
The Government of Guyana in a separate statement said Kennard served this country with distinction and humility since 1962, first as a private practitioner in Berbice, and later in several capacities.
It added that he presided over the Judiciary at a time when Guyana experienced major constitutional reforms and the respect and independence of the judiciary was restored.
The Government extended condolences to Justice Kennard’s family.
The Bar Association of Guyana, in a statement, described Kennard as a distinguished jurist who delivered justice with the dignity befitting the revered “Honourable” which accompanies the word Justice. “His tall stature could be seen as an indicator that he would have made colossal strides through the course of his practice at the Bar and later service at the Bench, culminating in the attainment of the highest judicial office in Guyana, that of Chancellor,” it said.
It also noted that his service to Guyana continued even after his retirement. “In recognition of the fact that members of the judiciary first serve as members of the Bar, Former Chancellor Kennard continued his service to the Bar. He never passed young Counsel with whom he was acquainted, without inquiring of his or her wellbeing, sharing a view on a topical legal issue and concluding the encounter always with a kind word of encouragement,” it pointed out.
The statement added that records of the Court of Appeal will reflect one of his most recent addresses on the occasion of a Full Court sitting to pay tribute to another distinguished jurist, where he reminded that central to any system of democratic governance is the doctrine of separation of powers. “For the administration of justice in Guyana, he was a champion of the doctrine of separation of powers, particularly in the face of executive excess, speaking out against violation without fear or favour,” the Bar Association added, before extending its deepest sympathies to his wife, Mrs. Chan Kennard, son, daughter-in-law and extended family.
‘Indelible print’
As the news of Kennard’s death spread, many including a number of government officials paid tribute to him on social media as they recounted his sterling contributions to the country, particularly in the justice sector and the impact he had on their lives.
In a Facebook post, Attorney General Anil Nandlall said Kennard had certainly left his “indelible” print on the legal systems of Guyana and the Caribbean. “The Guyana Law Reports, the West Indian Law Reports and the Commonwealth Law Reports, have recorded some of the landmark judgments he would have written and rendered during his long and illustrious career,” he wrote.
He noted that criminal law was certainly Kennard’s forte. “His erudite judgments in areas of the criminal law, such as acting in concert, corroboration, identification evidence, admissibility of confession statements, right to counsel in criminal trials, have guided legal practitioners and judges for years and will continue to do so long into the future,” he added.
According to Nandlall, Kennard was always willing to offer advice and guidance to young lawyers. He admitted that he was one who benefited “tremendously” in this regard.
“His hunger to render public service was another of his many phenomenal characteristics. Only a few weeks again he and I spoke about his interest to serve in a particular legal office,” Nandlall further stated.
While he served as Chairman of PCA, Nandlall said, Kennard also acquitted himself with distinction. “He would be remembered for his outreach programmes across the country, affording the citizens an opportunity to voice their complaints against the Guyana Police Force (GPF),” he said.
“Justice Kennard’s contributions to Guyana and in particular, Guyanese jurisprudence, are indeed formidable. The legal profession has certainly lost an outstanding stalwart and jurist,” Nandlall added.
Meanwhile, Senior Counsel Ralph Ramkarran described Kennard as one of the “most distinguished” judicial officers in Guyana.
“…I appeared before him on numerous occasions. He was a very warm, friendly judge. He was helpful, he was abled, he was distinguished. He was a pleasure to work before. Then he went to the Court of Appeal….The characteristics he had as a High Court judge he carried over to the Court of Appeal,” Ramkarran said.
While he was Chancellor of the Judiciary, Ramkarran noted, Kennard served with “great distinction”. “He will be remembered as a jurist of the greatest distinction who contributed to the judiciary and played an important role in the development of law and justice in Guyana,” he added.
Kennard’s tenure in public office ended in 2017 when he was forced to step down from the chairmanship of the PCA by then President David Granger because of his age
Kennard was initially given 36 hours to demit office, however he was given an extension after the intervention of then Public Security Minister Khemraj Ramjattan.
Many had argued that it was strange that Kennard was “forced” out of office and no arrangements were made to ensure that the post was quickly filled. Granger later faced additional criticism for the decision after he unilaterally appointed retired judge James Patterson to chair the Guyana Elections Commission, although he was older than Kennard.
Kennard notably faced a firestorm of criticism himself in 2000 when as Chancellor he said the law was a profession for men.
Asked on an interview show about the impact of the entry of a large number of women into the profession and whether it posed a threat to the men, Kennard had said it did not. But he added, “I think that as a profession — I may be biased — it is a profession for men. For instance it is a rough profession out there. It is not easy Mr Griffith. I think if you are in the AG’s [Attorney General’s] or DPP’s [Director of Public Prosecution’s] Chambers you do well. But it is not an easy thing out there.”
Several groups, including the Guyana Association of Women Lawyers (GAWL), criticised his comments, saying they were out of step with the Constitution and the legislative initiatives by governments past and present to open up opportunities for women.
Kennard later told this newspaper that his remarks were in no way intended to mean that women should not be in the legal profession and suggested that they were taken out of context. “I meant no disrespect to the women in the legal profession as I am conscious of the contributions they have made and will continue to make. Also, I come from the body of a woman, and my wife who is also a woman, has been of tremendous support to me during my career and it would be far from my thoughts to ridicule women or underestimate their competence or ability.”
He had also said that as Chancellor and Chief Justice he had always been an advocate for the advancement of women in the legal profession.
Kennard was also an avid horse racing fan.
Kennard participated in several high profile commissions of inquiry after he left the bench.
