How principals can make stab at statesmanship

Outgoing Chief Justice Evan Gicheru has presided over Kenya’s Judiciary at one of its most momentous times, and is preparing a graceful and dignified exit. And with the momentum spurred by the promulgation of the new Constitution, he has assured Kenyans the pace of judicial reform will neither wane, nor be compromised.

Great words indeed, and probably spoken like a true patriot and with conviction. But much still depends on the political goodwill of all other actors in this process.

Top on the list of events after promulgation was establishment of a Judicial Service Commission (JSC), and thence, appointment of new occupants to the offices of Chief Justice, Attorney General and Airector of Public Prosecution.

Again, it was easier said than done, as the obvious polarisation among lawyer as to who qualifies to fill any of these positions. But after the JSC was constituted and sworn-in, the decision over the remaining offices brought its own unique challenge thus:

The new Constitution confers powers to the two principals under the letter and spirit of the National Reconciliation Accord to agree on possible occupants of these offices, and run the same via Parliament for approval.

However, the transition clause in the same Constitution, confer the same mandate to the newly-constituted JSC, to propose names to the President and for consideration.

And, perhaps that is as it should be, since implementation of the new laws is a phased one that will take as short as one year and as long as five years.

Justice and power

Should the pricipals go ahead and propose their own choice for AG, Chief Justice and DPP, they would be looking backward rather than helping entrench the new laws. They could dice with statesmanship and let the JSC, a creature of these laws, recommend and vet names for their consideration. Then there will be a confluence between intent and execution.

And as French mathematician and philosopher Blaise Pascal said: "Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just."