Hunt for Chief Justice must give us the best
What you need to know:
- The country requires not just competent CJ and Supreme Court judge but individuals with astuteness to preside over the justice system.
- A malleable Judiciary is a threat to democracy and rule of law.
Judicial reform has been a critical subject of national discourse. The 2010 Constitution proposed far-reaching transformations, whose key highlights include creating the Supreme Court and competitive appointment of judicial officers.
Underpinning this was the desire to create an independent institution to preside over the justice system. In the past, the Judiciary was used as an appendage of the Executive and, at one time during the peak of the Kanu regime, it was used to muzzle independent thought and enforce obeisance to the State.
But with the current Constitution, the Judiciary has gone through wide-ranging transitions. Specifically, it has had two Chief Justices, who came to office through a competitive process and exited solely on the basis of legal stipulations.
And this week, the Judiciary has commenced the process of appointing the next CJ to replace David Maraga, who retired early this year. Another position will also be filled at the Supreme Court to replace Justice Jackton Ojwang’, who retired last year.
Competitive appointment
Arguably, this is a vital undertaking and the onus is on the Judicial Service Commission (JSC) to carry out the assignment meticulously and with fidelity to the law. The country requires not just competent CJ and Supreme Court judge but individuals with the mettle, emotional acuity, moral conviction and astuteness to preside over the justice system.
Indeed, the reason why open and competitive appointment of judicial officers is significant is that it insulates them from extraneous influence, especially from the Executive and political establishment. A malleable Judiciary is a threat to democracy and rule of law.
The Judiciary is at a crossroads. Laudable efforts have been made in the past decade to restore its glory and place it on the pedestal as the vanguard of civil liberties and enforcer of rights. But so much remains to be done.
It is for this reason that the country is, through the interviews for CJ and Supreme Court judge, looking for judicious individuals who can take the Judiciary to greater heights.
