Judge roots for courts' final say in election petitions

Hon. Lady Justice Roselyn Naliaka Nambuye arrives at the supreme court for vetting on position of Chief Justice. She wants electoral laws changed to allow judges to declare election winners in contested polls without the rigours of a by-election. (PHOTO: EDWARD KIPLIMO/ STANDARD)

Court of Appeal judge Roselyn Nambuye wants electoral laws changed to allow judges to declare election winners in contested polls without the rigours of a by-election.

Justice Nambuye told the Judicial Service Commission panel interviewing her for the position of Deputy Chief Justice that it was unfair to subject voters to a by-election for any elective position if the court proved that the wrong candidate was declared the winner.

"The court has to make a ruling where evidence shows there was a different winner other than the one who was declared to have won. If this is the case, we should be allowed to declare the other person the winner without subjecting the people to a by-election," she said.

The current electoral laws do not allow the courts to declare a candidate a winner and in instances where there is proof of electoral malpractices, the judges are only allowed to order a by-election.

According to Nambuye, the Independent Electoral and Boundaries Commission should reflect on the mistakes they have made in past elections and work on these weaknesses so that the country is not made to pay for their conduct every election cycle.

She was appearing before the JSC panel for a second time, having also been interviewed for the position of Chief Justice where she lost to Justice David Maraga.

Asked about how the Judiciary should relate with Parliament, Nambuye said both institutions should respect each other without engaging in superiority contests.

"It is very unfortunate when Parliament disregards court orders. This is why we need a committee to explain to them the importance of the Judiciary. We can do away with Parliament for a year but we cannot do without the Judiciary even for a day," said Nambuye.

On alternative ways of resolving disputes, she said only family disputes should be determined by village elders.

In cases of matrimonial property in case of separation, Nambuye said both partners should be treated as equal partners as this would encourage women to go to court if they were denied equal shares of the matrimonial property.

If she becomes the Deputy CJ, the judge said she would ask to be assigned the docket of fighting corruption and promoting accountability in the Judiciary.

"The Judiciary has been poor in the area of accountability," she said.