Judiciary 'radical surgery' in 2003 comes back to haunt Aaron Ringera at CJ interview

Former anti-corruption czar Aaron Ringera started his bid for the Chief Justice (CJ) position on tough terrain as his role as the head of the 2003 "radical surgery" of the Judiciary came back to haunt him.

During his interview on Tuesday, the retired judge was hard pressed to explain why he did not give the affected judges and magistrates a fair hearing and serving them personally with allegations against them.

The retired judge stood his ground that he had no regrets of what they did then, only regretting that their names were leaked to the public before they could be heard.

Mr Ringera said they did what they did then based on the law then but if he were to revisit the issue again he would do it differently.

He also denied the purge was influenced by politics of the day then and cites the purge as one of his highest moments.

He said their mandate was limited to information gathering on their conduct and that he recommended to then CJ to give them a hearing and believed they would be given a fair hearing.

He was also taken to task for constant dangling with the Executive by leaving the Judiciary often to serve the Executive, saying he was always seconded to serve in those offices.

Judicial Service Commission (JSC) commissioner Aggrey Muchelule was the first to throw questions at him, focusing on the former judge’s movement from jobs and his performance in the Kenya Anti-Corruption Commission (KACC) and the radical surgery time.

LOVE FOR MONEY

Justice Muchelule: I will ask you straight head on judge, was your movement from jobs because of love for money?

Justice (rtd) Ringera: When you are a great man, people recognise you. My public service endeavour has never been motivated by the love of money.

Justice Muchelule: What assurance do we have that if you become Chief Justice, you will not leave your job for another in the Executive?

Justice (rtd) Ringera: Leave the Chief Justice and go where? That will be the culmination of my achievement. I have always dreamed to be judge in 1968. I would only want to retire as an honourable retired Chief Justice.

In the radical surgery, 23 out of 45 Court of Appeal and High Court Judges, as well as 82 out of 254 magistrates were declared corrupt.

“I have no regrets over the purge of the Judiciary. It was my highest moment because I was looking at my seniors and my friends five of whom suffered I felt personally pained, but I did the job,” said Mr Ringera.

Mr Ringera was also taken to task with how the names of those who had been affected by the 2003 purge hit the press, to which he swore he did not leak the list.

The former justice said that the purge he led was “applauded and well-received” in the international circles.

POLITICS OF THE DAY

The second set of questions were asked by commissioner Prof Tom Ojienda, who centred his questions on whether his radical surgery was affected by the politics of the day.

Commissioner Emily Ominde asked Justice (rtd) Ringera whether the rules of natural justice were adhered to in the 2003 purge and his movement of jobs from the Judiciary to the Executive.

Justice (rtd) Ringera said he could not be blamed for being appointed by the Executive.

“There was no provision for public participation. People were appointed on radio. I was appointed Solicitor-General on radio, would you blame me for that?” asked Justice (rtd) Ringera.

Commissioner Ominde: After the letter to recall you back to the Judiciary, when the committee was reconstituted, you went back to the Executive. We are asking, were positions being kept for Justice (rtd) Ringera?

Justice (rtd) Ringera: After the KACC was disbanded, the JSC sat back and said: He was our man, we sent him to the Executive, and now he is back, and I came back.

Commissioner Mercy Deche asked if the retired judge could foresee the fact that those names of people they had kicked out in the purge could flood the media.

He replied that there was no way he could foresee how it happened.

“If given the job now, I would do it differently in a new legal and constitutional dispensation,” said Justice (rtd) Ringera to commissioner Mohamed Warsame’s question.

Commissioner Warsame: Are you saying if given the chance, you will not give the same judges and magistrates an opportunity to defend themselves?

Justice (rtd) Ringera: I can see it now. I did not see it then.

Commissioner Winnie Guchu: What motivated you to apply for the job of Chief Justice?

Justice Ringera: I believe I have the skills necessary. I believe in the vision of the Judiciary and the core values of integrity, fidelity to the law, courage. Those are all my core values.