KENYA: Suspension of JSC members stall business in courts

The Judicial Service Commission was recruiting new judges when six of its members were suspended.

A judge has since declared the hiring of Justice (rtd) Aaron Ringera’s appointment null and quashed a gazette notice on JSC suspensions.

The President’s decision to appoint Mr Ringera to chair a four-member tribunal to investigate the six, got sharp criticism from the Law Society.

The commission, chaired by Chief Justice Willy Mutunga, was to appoint new officials by January to reduce shortage in the country, and had advertised for 40 judges for the Environment and Lands Court. The applicants were short-listed and interviewed in October and November.

Judges’ hiring has to be continuous to help reduce backlog of cases and ensure speedy delivery of justice.

The Judiciary budget is also at stake following last week’s suspensions given that it has to be prepared and approved by the team.

And following the suspensions, the JSC, which manages the Judiciary’s operations, cannot transact any business despite meeting the quorum as any decision of the commission has to be ratified by the entire team.

“Everything now has to take a back seat. JSC are the managers of the Judiciary. Without managers, we would have workers without supervisors,” Law Society of Kenya chairman Eric Mutua said.

Disciplinary cases facing judges and magistrates, that was being undertaken by the JSC, had also stalled, Mr Mutua told the Nation by phone on Tuesday. As managers of the Judiciary, the commission was further to review the remuneration and training of judges.

The LSK had also sought the transfer of some judges, a matter the commission was handling.

The Mutunga team was also scheduled to interview and recruit a new Judiciary Chief Registrar following the removal of Ms Gladys Boss Shollei.  

It had advertised for the position even as Ms Shollei filed a case in court challenging her dismissal.

The commission, which is said to be facing succession wars, was also set to oversee the recruitment of a new CJ and deputy CJ to replace Dr Mutunga and his deputy, Lady Justice Kalpana Rawal, whose terms would come to an end within the next two-and-half years.

It was further mandated to spearhead the reform agenda in the Judiciary to ensure speedy delivery of justice in line with the Constitution.

A major reorganisation of the institution was under way to enable it fulfil its constitutional mandate under Article 159 and meet public expectations. The Constitution envisaged a reformed, independent non-politicised Judiciary.

However, analysts believe the few gains made so far in reforming the Judiciary are seemingly being rolled back by Parliament, which ignored a court order and recommended the suspension of JSC commissioners, and President Kenyatta who formed a tribunal to investigate them.

FINANCIAL IMPROPRIETY

Commissioners Ahmednasir Abdullahi, Prof Christine Mango, Mr Justice Mohamed Warsame, Florence Mwangangi, Emily Ominde and Dr Samuel Kobia had been suspended before Justice George Odunga nullified the suspensions on Tuesday.

They had been sent home over allegations of financial impropriety in the Judiciary. They have also been accused of blocking police investigations into a Sh80 million fraud case involving the Judiciary.

Cord leader Raila Odinga has accused the President of breaking the Constitution by appointing the tribunal.

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