Alnashir Visram: I will dismantle graft cartels in courts if I become Kenya's next Chief Justice

Appellate Judge Alnashir Visram. If appointed, the judge said his biggest challenge will be to deal with corruption cartels within the corridors of justice. (PHOTO: EDWARD KIPLIMO/ STANDARD)

Appellate Judge Alnashir Visram had a tough time defending his past judgements during an  interview for the position of Chief Justice.

Justice Visram was the first to face the Judicial Service Commission (JSC) in the race to succeed Willy Mutunga who retired in June.

If appointed, the judge said his biggest challenge will be to deal with corruption cartels within the corridors of justice.

"My biggest challenge if appointed CJ will be to handle the cartels and corruption within the Judiciary. I know how the cartels are intimidating judges but they will not find it easy with me at the head," said Visram.

The judge was pressed to explain how he awarded former Cabinet minister, Nicholas Biwott, Sh25 million in a defamation suit.

"I cannot say I am a liberal or conservative when making my judgements. I am a progressive judge and in most cases find myself in the middle where I am creative with my decisions so long as they create certainty and are within the law," said Visram.

On the Mr Biwott defamation suit, Visram was asked to explain why he awarded the exorbitant amount when other individuals who had sued over the same issue were awarded between Sh1.5 million and Sh3 million.

He said the case was peculiar and had nothing to do with the other similar cases given the parties involved had agreed for an out-of-court settlement.

"It is true there were other similar defamation cases regarding the same publication but this was peculiar given that Biwott had been called a murderer in the book. There was also evidence that the publishers were earning a lot of money in return," said Visram.

Asked if Kenyans should be worried by his decisions, which violate free speech, the judge said he was not against free speech but irresponsible use of that freedom.

Asked why he is against the Press scrutinising him, and the motive behind suing The Standard Group for defamation, he said the action was not out of malice but to protect his integrity.

His involvement in the Ismaili Muslim Community also came under scrutiny, where he said if appointed as the next CJ, he will not use the position to advance their ideologies.

"It is true I have been a leader of a community that wants some of their rules not prescribed in the Constitution. I will, however, not have any role to play in shaping that path although I think communities should be allowed to resolve issues that pertains to their beliefs," said Visram.

Attorney General Githu Muigai sought to know the judge's position on the emotive issues of same-sex marriage, death penalty, abortion and church regulations.

According to the judge, he will continue to advocate for the death penalty and allow abortion if the Constitution provides for it. On same sex marriage, he refused to comment, as the matter is before court.