Enemies of reforms derail efforts to make judiciary transparent, graft free

Experts say Court of Appeal judges’ refusal to move offices may be work of anti-reformists.

By STANDARD REPORTER

Enemies of judicial reforms might have used the alleged risk of radioactivity from telecommunication masts to influence Court of Appeal judges’ refusal to move to the neighbouring Elgon Place in Upper Hill.

Experts say the radiation quantity is so little in the area surrounding the contested Elgon Place premises that it falls below even the worldwide average natural dose to humans of about 2.4 millisievert (mSv) per year.

According to the World Health Organisation, based on maximum permissible exposure levels set by the International Commission on Radiological Protection, there are proscribed dose limits for the whole body and for specific organs of the body.

The limits are different for people exposed to radiation in their jobs, and for people exposed because they live close to radiation sources. For the whole body, limits are 50mSv per year and 1mSv per year, respectively.

The limit for children, and for the foetus in pregnant women in jobs that expose them to radiation is 5mSv. Globally, very few people in jobs that expose them to radiation ever reach the 50mSv limit per year.

However, well-placed sources have told The Standard that the Upper Hill building, which was ready to be occupied as at July 1, is fitted with hi-tech audio and video surveillance equipment that would capture court proceedings, enabling third parties to audit judges’ decisions.

Ironically, the building currently occupied by the judges is dilapidated and in need of urgent repairs. Sources say the building, gazetted as a national museum, does not adequately cater for the growing staff.  “Once vacated, the old building will house only the Supreme Court and sections of the administration arm of the Judiciary,” a source at the Judiciary told The Standard in confidence.

Sexual favours

The battle over the move to new premises that are monitored comes against a backdrop of massive corruption in the Judiciary.

A decade ago, a report was released showing that at least five out of the nine Court of Appeal judges were corrupt. It further stated that 18 of the 36 High Court judges had been involved in graft, while in the lower courts, 82 of the 254 magistrates were corrupt. 

According to the report, corruption included demanding and accepting bribes, sexual favours, free transport and hospitality in return for partisan judgements. Corruption also included fraudulent accounting, fiddling with official receipts and stealing of exhibits.

During the handing of the report to then Chief Justice, Evan Gicheru, Judge Aaron Ringera said: “We are presenting to you a dragon. It is bound to snort, jump, kick and even attack. Your Lordship will have no option but to seize it by the horns and slay it.”

Insiders say the move to Elgon Place would check corruption and boost transparency in the Judiciary. But even as the Judiciary struggles to win back dimming public confidence, Chief Registrar Gladys Shollei, the brains behind the move, is facing huge resistance.

The Judicial Service Commission claims the Elgon Place 10-year lease was entered into without valuation, that payment was made in foreign currency and an irregular service charge payment of Sh3.3 million was made. However, it has been established that the Directorate of Supply Chain Management at the Judiciary conducted a market survey to determine the average rental charge of office premises around Upper Hill in accordance with the law.