NAIROBI, Kenya, Jun 9- The original list of Judges said to have integrity issues and handed over to the Judicial Service Commission (JSC) during the vetting exercise 2 years ago was altered to include others who were not originally there.
The shocking details were revealed by former Chief Justice David Maraga who said the JSC had not received some of the names currently not appointed by President Uhuru Kenyatta.
The President appointed 34 Judges and left out 6 others.
“Why would the list keep on changing?” the former CJ wondered. “The names have changed. Some added and others have been removed from that list.”
He did not mention the names of the Judges who were added in the list of unwanted or those who were rescued.
“If they were bonafide allegations, why are you changing the names?” he asked.
Maraga made the revelation during an interview with KTN News, when he termed the President’s move as unconstitutional.
He said the President’s actions amounted to “public lynching” of the Judges said to have integrity issues, which were never revealed to the JSC by the Executive.
“You are ruining the careers of these Judges and the families,” a visibly agitated Maraga said.
He said, if the claims by the Executive were legitimate, the 6 Judges should have been appointed and eventually sworn in, and later subjected to a disciplinary process by the JSC.
“That is the law,” a firm speaking Maraga asserted.
He said the President’s word alone without interrogation cannot be taken as “gospel truth” while making reference to lack of the Executive to reveal the said issues raised against the Judges.
“We were required to condemn these Judges and tell them, sorry, the executive has issues with you…as JSC we discussed that and we refused, and went ahead to recommend them for appointment,” he said.
According to the Article 47 of the constitution, he said, it “requires us to give the particulars of these allegations to these people (Judges) to respond. They could be frivolous.”
Newly sworn in Chief Justice Martha Koome has since joined the growing voices within the criminal justice sector asking the President to follow the law and appoint the 6 Judges.
In a statement, she said, “The 34 Judges have today taken their oath of office witnessed by H.E the President. I note with great concern that 6 persons who were recommended by the JSC for appointment were not gazetted.”
“The Judiciary is still in dire need as the backlog of cases is increasing. We should find a lasting solution so that moving forward, this kind of delay and misunderstanding will be a thing of the past.”
She pointed out that, “The mandate of the JSC is spelt out under Article 172 of the Constitution. In relation to judges, the JSC’s role is to undertake recruitment through a competitive and transparent process and recommend to the President suitable persons for appointment as judges.”
“We call upon the President to similarly appoint the remaining six judges because the Judiciary is still in dire need as the backlog of cases is increasing. We should find a lasting solution so that moving forward, this kind of delay and misunderstanding will be a thing of the past.”
Its on these grounds that Maraga said “the President is violating the constitution. This is gross violation of the constitution.”
Among those who were left out include Justice George Odunga and Prof Joel Ngugi, who were part of the 5 Judge-bench of the High Court that declared the constitution amendment bill popularly referred to as the Building Bridges Initiative (BBI) null and void.
Maraga said if the current trend is not reversed, the country was slowly becoming a banana (failed) republic.
What is the solution? He said if it is found that the President violated the constitution, he should be impeached.
“Previously, the President used to pick whom he wants to be a Judge or a CJ,” he pointed out.
“With the all the court orders that have been issued, the President remains is adamant.”
Former Chief Justice Willy Mutunga has since accused the President of breeding impunity following his failure to appoint the 6 Judges.
“The constitution is clear on the mechanisms for raising any issue the President or any other person may have against a sitting judge or judicial officer at whatever level. The president has taken two years without presenting any evidence to the commission,” Mutunga asserted.
“The constitution is clear on the mechanisms for raising any issue the President or any other person may have against a sitting judge or judicial officer at whatever level. The president has taken two years without presenting any evidence to the commission.”
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