The month of May shall be a defining month with respect to Kenya’s Judiciary reforms, process of vetting of judges and legislation on the establishment of the Supreme Court.
t is also the month on possibly decision on who becomes the next Lord Chief Justice. However, the pertinent questions remain: Will the current interviewing process lead to determination on suitability based on — fit and proper criteria — on integrity and independence? Or, will, it, again, become a matter of and political intrigues contests based parliamentary political expedience of the hour?
We say: No, not again-not a political contest. Why? Kenyans yearn for a workable justice system as key pillar of government.
We cannot as a country or a people engender confidence in the Judiciary nor would the present process of vetting of judges serve any purpose, if in the end, it serves as a cosmetic exercise.
critical institutions
Kenyans must not allow that the process of vetting of judges, appointments of Chief Justice, Attorney General, Director of Public Prosecution and those of Supreme Court Judges to become politically captured. Kenyans must say no to cosmetic changes informed or meddled by short-term political expediencies and/or dealmaking alliances.
What, then, are the compelling factors on judicial reforms?
Firstly, the reforms must be about strengthening the Judiciary and national justice system as a critical governance pillar and oversight over the other arms of government. It must never become a process of removing non-compliant judges and slotting in those believed to serve short-term vested interest in strategic positions in the Judiciary.
Indeed, it is now widely believed by many Kenyans that certain individuals in position of influence are keen to put certain predetermined persons in certain positions in the Judiciary for vested reasons. The adoption of the new Constitution was expected to herald a new way of doing business but would appear certain individuals are living in the pass and are determined to sabotage its implementation.
Further, it is important to note that appointments of right people to critical institutions, which have been established under the new constitution is the only, way of assuring that such institutions would served the intended mandate.
One thing, must be obvious: The integrity of the selection, vetting and appointment process is as critical as those who would eventually become the nominees, in order to engendering public trust and confidence.
Secondly, Kenyans expect nothing short of compliance with the process and requirements envisioned in the Constitution those charged with responsibility of the custodians be they Parliament, Judiciary or the Executive — no matter the political expediency.
This represents the essence embodied in institutions and authority vested thereof by the people to serve as the critical pillars and custodians of the Constitution, whether in the institution of presidency, legislature, and Judiciary or transitional office of the prime minister.
job reward system
We must, however, in the same respect, assure the rights and fundamental freedoms of those interested in serving in the Judiciary in whatever capacity, as prescribed in Bill of Rights. In facilitating such rights to competing applicants to serve this country in the justice system, we must never discriminate on account either serving judges or lawyers in private practice. Why?
What matters is not where one is serving but rather who has the qualification, experience and demonstrated integrity and independence in the legal profession and personal suitability. For this reason, we must ensure the vetting is transparent and thorough before the process is subjected to any political approval process.
The selection process must aim at arriving at the best possible candidate without any political meddling, job reward system or positioning anyone for tomorrow’s vested or political capital. Thus, it matters little whoever is finally appointed as Chief Justice so long as the person meets the fit and proper criteria, with demonstrable reform track record and not protector of any vested interest.
Thirdly, as a people we must now inculcate a new culture that centres on the Bill of Rights is an integral part of our democratic state and which serves as the main framework for social, economic and cultural policies. We must not, therefore, allow any of the political actors not matter, there current level of influence and authority to lord over us — the people — where we hold the constitutional key.
It must not and cannot, be business-as-usual, but a new dawn that demands a total reorientation in the business of managing our national and public affairs. It is our responsibility and must remain our responsibility to ensure that we put our best brains to positions that suits them best.
We continue however, to witness sustain pomposity from those we have allowed through our democratic process to assume power and authority, but instead are now championing narrow individual and collective political leaders interests.
Whether, it is the position of CJ or appointment of Supreme Court Judges, we must chart a new course, that, away, from the culture of impunity, cronyism and horse-trading on vested considerations. This is a matter of compelling public interest!
—Comments and suggestions to publicwatchdog@standardmedia.co.ke