Judges anxious as they await vetting

Serving judges and magistrates are bracing for tough scrutiny as vetting continues in the Judiciary following the appointment of the Chief Justice, Deputy Chief Justice and Supreme Court judges.

A team to handle the vetting process is expected to be short-listed this week.

Sources in the Judiciary told the Nation yesterday that a number of magistrates and judges were contemplating leaving “instead of being subjected to embarrassing scenes during the vetting process.”

Sixteen applicants are vying for the chairmanship of the Judges and Magistrates Vetting Board that will scrutinise judges and magistrates in line with the requirements of section 23 of the Sixth Schedule to the Constitution.
Serve in the board

Another 243 have applied to serve in the board as members according to the chairman of the Selection Committee, Mr Titus Gateere.

The board will have nine members, six of them Kenyans and three non-Kenyans.

But even before the exercise begins, some judicial officers are contemplating quitting rather than undergo the mandatory vetting.

Judiciary sources said the judges are waiting to see who will be on the vetting board before they can make their decisions.

Under the law, judges and magistrates are expected to give notice to Judiciary in advance to indicate whether they want to go through vetting or voluntarily retire.

Those who opt to leave the Judiciary will be entitled to terminal benefits for early retirement.

Once the vetting board is put in place, it will look at complaints against the judges and also gather information in the course of personal interviews with affected judges before making any decisions.

This information and records of judges will be confidential.

Speaking to the Nation yesterday, Mr Gateere said the committee was analysing the applications before coming up with the names of suitable candidates to serve in the board.

The selection committee comprises one representative each from the Cabinet Office, Office of the Prime Minister, Ministry of justice, office of the Attorney-General, Public Service ministry, Public Service Commission, Judicial Service Commission and the Law Society of Kenya.

Applications

The period for receiving applications from people to serve in the board was extended after an initial lethargic response.

By close of deadline on April 12, the committee had received only nine applications — four had been received for chairmanship and five for members.

The constitutional requirement of gender representation of at least a third was also not met as almost all the applicants were men.

The four who applied for the chairman’s seat then were former Solicitor-General Benjamin Kubo, former State Counsel Sharad Rao, retired Court of Appeal judge Akilano Akiwumi and Mr Mwangi Kariuki.

The five who applied to be members were: retired Judge Abdul Majid Cockar, Mr Justus Munyithya, Mr Mwangi Kariuki, Ms Mercy Mwarah Deche, Mr J.N. Kamunyori and Mr Thomas Letangule.

The low interest recorded led to an amendment to the Judges and Magistrates Act, the first to the new Constitution, to allow for fresh invitations for applications in popular media.

“When the advertisements were made by the President early in the year, we could not meet the threshold that is required by law. Thus, the committee that I chair was advised to seek an amendment to extend the period,” Mr Gateere said.

The applications were once again opened and 12 more joined the fight for chairmanship and 238 for members.
As the country awaits the establishment of the board, fear of public grilling is sweeping through the Judiciary.

“The fear is inherent but if the Committee selects an impartial board, then that fear will be turned into confidence because unlike the radical surgery of 2003 that was basically a political process to reward cronies, there is a marked difference this time round,” city lawyer Job Momanyi said.

Justice and Constitutional Affairs Minister Mutula Kilonzo ruled out exempting judges Riaga Omolo, Philip Waki, Samuel Bosire, Martha Koome, and Paul Kihara, among others, who were interviewed recently for the positions of CJ, Deputy CJ and DPP, from the vetting process.