Economic growth, social equity hinge on judicial reforms

By Billow Kerrow

It was clear to all and sundry that the Judicial Service Commission (JSC) had set its eyes on new blood right from the outset.

The public interviews were a paradigm shift from the usual boardroom horse-trading that characterised appointments of constitutional office holders by the Executive and Parliament.

The questions were ballistic and painfully probing, designed to eliminate the Old Guard in the Judiciary using any blot on their records. They lacked decorum, and sometimes ridiculed the candidates. For many Kenyans, however, the end justified the means.

The two nominees have always yearned for judicial reforms and have what it takes to build confidence and trust Kenyans sorely lack in the bench.

They should now shed off the civil society activism and inspire the Judiciary to turn the page. We should get fresh minds too for the Inspector-General of Police, Attorney General and the Director of Public Prosecutions jobs to transform our justice system.

This may not only render Ocampo’s The Hague process irrelevant, but more significantly raise our hopes the new dispensation will lead to equality and justice.

The JSC process has raised the bar for competitive and inclusive merit-based appointments in the public sector. It is not for the faint-hearted, influence peddler or godfathered candidates. It gives meaning to Chapter Six provisions on leadership and integrity and challenges political office holders to undergo such scrutiny before seeking elective offices.

It is now up to the two principals and the House to read the public mood correctly and endorse the nominations.

James Medison, one of the fathers of American Constitution said: "The Judiciary is truly the only defensive armour of the country, and its Constitution and laws". An independent, effective judiciary is the most important facet of good governance in a nation such as ours that has endured years of misrule.

With a working Judiciary, the post-poll chaos of 2007 would have been avoided. As the old adage goes: "Peace is not the absence of war, but the presence of justice."

Globally, it is recognised that economic development is predicated on good governance, the foundation of which is an effective Judiciary. Investors are no longer interested in tax incentives or economic zones only in deciding where to take their money.

An independent, efficient and graft-free Judiciary worthy of public trust is critical. They are interested in the legality and reliability of the Executive and regulatory framework, legal interpretations and enforcement of laws.

The poor and the marginalised would also wish to see and taste the benefits of law, which to date have been at the service of the rich and mighty. They expect the Judiciary to enforce their fundamental rights to offset the impact of economic disparities, official neglect and deprivation and the violation of their basic human rights.

For many Kenyans, justice comes expensively, or is painfully slow. Our courts have dimmed the hopes of the poor and the vulnerable in society, and largely become halls for exercise of Executive impunity.

The poor do not possess or access legal rights that empower them to take advantage of opportunities and develop their potential, and provide them with security against arbitrary and unequal treatment. They watch as the rich and the powerful rob their wealth and dignity as the courts fumble, or even become an accomplice.

But the Judiciary alone is not to blame. The society also shares the blame for we create the Executive through elections but often fail to check its excesses because of moral ineptitude. We also need to apply provisions of Chapter Six as we elect our lawmakers so that the Judiciary can inspire socio-economic justice. To JSC, I say ‘adios’. There’s more plenty more beyond.’