The purge in the Kenyan Judiciary

………With the new constitutional order,in came a wave of reformations which were meant to give a new lease of life to the various key government institutions which were ran down by evil ills thus they had lost the public’s confidence due to their performance which was below the par.And,one such institution which was highly targeted for the major reformation was the Judiciary,the one arm of government that interprets the law.

For quite along time the Kenyan Judiciary was an underlined institution in the public domain due to what was perceived to run in the system their reluctance to disseminate justice accordingly,corruption and denial of justice.Seeking the Court’s redress was a total disgrace as it only served the interests of the political class and elites,and,the moneyed bag guys.The judicial officials made justice inaccessible by the common subjects due to massive corruption which had infiltrated and engulfed the system of justice.Hence the famous quote,”why hire a lawyer when you can buy a Judge”.

It was trapped in the ruck and encircled in the old school of thought where it acted as a rubber stamp of the Executive arm of the government.In the public opinion courts ,the Judiciary was a major stumbling block ,a hindrance to the free flow of justice and the rule of law.

But,with the promulgation of the new constitution in the Year 2010,the new constitutional order opened a floodgate of wide ranging of reforms in our systems of governance.It demanded the upheld of the rule of law and brought order in the government ,where separation of powers in the three arms of the government were clearly demarcated.

The separation of powers gave the Judiciary an autonomy to manage it’s own affairs without outside interference,and,in it,it was bound with tough conditionality which were tagged with key targeted projected reforms which were meant to transform the Judiciary.

These wide ranging recommended conditionality targeting the Judiciary were meant to clean it up,clear the rot and tear the old dirty linen cloth which was tainting it.These reforms were to instil a new public confidence towards it.And,in one of the recommendations ,it had outlined how to overhaul the judiciary by passage of key bills in Parliament to reconstitute the top judicial hierarchy ,which would pave way the vetting of all Judges and Magistrates.

To demonstrate the seriousness of what was stipulated in the new constitution concerning the judiciary ,the top judicial hierarchy was reconstituted with the appointment of a new Chief Justice,and,his deputy,through a competitive ,transparent process in line with the constitution,a total break from the past where the appointment was a preserve of appointing authority-the President.And,this was followed by constituting Judges and Magistrates vetting board to vet all the Judges and magistrates.

After much talked and taunted judicial reforms,now the hammer has fallen in that institution which for many years had been regarded as golden eggs,the untouchables and enjoyed the state’s privileges which played to the tune of the executive.With the falling of the hammer,came with the shocking news that some of the Court of Appeal appellant judges have being sacked.

The Judges and Magistrates vetting board”s verdict has touched the raw nerve of the judiciary ,which in their verdict they painted a grim picture to the affected Judges whom were deemed as unfit to hold to their positions in the judiciary.And,after undergoing what was equated as one of the most rigorous vetting processes the Judges and Magistrates vetting board came to a conclusive verdict that Justices Emmanuel o’kubasu,Joseph Nyamu,Samuel Bosire and Riaga Omollo-were unfit to continue holding offices.

Their judicial wings were clipped off ,deemed unfit to hold unto their offices due to the level of accusations that were leveled against them due to their handling of some of the past cases .Their failure to rise to the occasion where they compromised justice when they handling the said high profile sensitive cases in the former regime came to haunt them.

The Judges and Magistrates vetting board ,is a nine member board headed by it’s chairman ,Mr.Sharad Rao.


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