Change to JSC Act blow to democracy

The amendment to the Judicial Service Act 2011 shows the Executive does not have the interests of Kenyans at heart.

The amendment by Parliament gives the President more powers in the appointment of the Chief Justice.

For Parliament, it could be viewed as an act of revenge over its long-running feud with the Judiciary over separation of powers between the two.

Or even perhaps the coercion of pro-administration MPs into giving more powers to the President, the party leader of the Jubilee Alliance which happens to have the majority in both Houses of Parliament.

For me it is an outright case of returning us to the dark days when the Judiciary was at the beck and call of the Executive.

The amendment is in bad taste and does not help Kenya’s blossoming democracy.

Reform institution

Even more worrying is that this change comes at a time when the Judiciary is planning for the exit of current office holders, Willy Mutunga who is set to retire in June and his deputy Kalpana Rawal at the end of the month.

These amendments are not only an affront to the independence of the Judiciary, but also undermine the milestones that have been achieved in reforming the institution.

How can a Chief Justice who has been appointed by the President Judge on a presidential dispute? What confidence will the public have in a court whose head is perceived to be a sympathiser of the President?

The Presidency must be reminded why the drafters of the Constitution established the Judicial Service Commission: to maintain the independence of the Judiciary and restore Kenyans’ confidence in the judicial system.