Senator pushing for annual evaluation of judges amid Ruto-Judiciary row

Kiambu County Senator Karungo Thang’wa wants the Judicial Service Act amended to create courts to handle government policies and projects and introduce regular evaluation of judges.

This comes amid a standoff between President William Ruto and the Judiciary after the President accused the arm of government of deliberately sabotaging his development agenda.

Mr Thang’wa said the amendment will also seek to increase the membership of the JSC from the current nine to a number he didn’t disclose, to ensure inclusivity.

Mr Thang’wa spoke on Thursday when together with other UDA leaders including Manyatta MP Gitonga Mukunji, toured the affordable housing project in Ruiru after the Court of Appeal allowed the government to continue collecting the housing levy pending a January 26 judgment.

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The High Court order was due to expire on January 10, but the National Treasury Cabinet Secretary went to the appellate court and asked the judges to extend the conservatory order allowing the government to continue collecting the levy.

Mr Thang’wa and Mr Mukunji said the status quo order is timely and a great relief for millions of Kenyans who will have access to affordable and decent housing in the long run.

“The JSC has nine members and seven of them are judicial officers. We cannot leave them to supervise themselves and that is why we want to increase the number. We want to ensure inclusivity and accountability and not to blackmail anyone. The amendment is already being drafted,” the senator said.

Mr Thang’wa also indicated that the amendments will provide for the establishment of policy courts that will deal with matters relating to government policies and projects.

“We want matters or cases to be heard and decided within 30 days. This is to ensure that time isn’t wasted in the implementation of key government policies and projects aimed at improving the lives of Kenyans,” he said.

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He also noted that the amendment will provide for evaluation of judges and magistrates annually.

“We in the Legislature are usually evaluated after every five years. These judges can stop an important project that I can be questioned about by my people. That's why we are saying that they must also be evaluated, say after every year,” Mr Thang’wa said.

The Senator called on the courts and especially the judges to apply public good and public interest when issuing orders, especially on projects that affect the lives of millions of Kenyans.

Mr Mukunji blamed the country's persistent corruption on the Judiciary’s failure to adjudicate graft cases.

“When we say there are corrupt judges or judicial officers, it’s not something unusual. We’ve heard it before. I believe in the Judiciary and support its autonomy. But they have a bad past; corruption is rampant because of the Judiciary,” he said.