When this constitution was drafted it assumed that the judiciary is only influenced by executive so they created the JSC and independent CJ which is good but none of them is accountable to any other body other than themselves. They are untouchable in Kenya. Kenyan’s being ourselves, the same yesterday activists are now using their influence for themselves and a few others. So instead of one all encompassing “God” we got several “gods”
Justice Tonui and Rawal guilt-innocence aside, there biggest mistake was seniority in Supreme Court. The same influence peddlers in JSC who have amassed wealth, control and clients by virtue of their position know that with the pending retirement of CJ that the gray train is over. If CJ retires Rawal would most likely take his place after vetting and be deputize by Tonui. Those two and one/two others aren’t at the best of terms with the “prefect influence peddlers” lining the corridors of justice. They wouldn’t allow that, all of a sudden their retirement age take prominence and they are asked to retire in time. I agree with that at 70 years it is not negotiable as per the constitution. When they go to court to challenge it, then it narrows the gap for the peddlers to replace them. So Tonui corruption case that had been pending at CJ office for 2 years gets urgency and in one affidavit they try to not only push his hand into retire but name 3 more judges to finish all of them with one swoop. Judges, magistrates and register know the real reason why judiciary is in civil war. Influence peddling. The current corrupt cases point to that fact. One of the former prominent JSC member quotes $500,000, 50 million to represent the client and guarantees he/she will win. They will get there own judge, have all inconvenience injunctions to go their way, investigations will not be an issue etc. After taking advice from lawyers, friends, family and most importantly fellow Judges. Tonui decided to have a public hearing so that he can try give his side publicly and also dwell on the stealth fighting he has received by the influence peddlers.
The judiciary is massively understaffed. For a country of 40m plus kenyans we have less than 1000 judicial officers. Even if Mutunga was a magician he can never end the backlog of cases with these numbers. Backlog breeds injustice and corruption. Remember justice delayed is justice denied. Also more importantly the overwhelming workload for judicial officers only results to poor quality delivery for us all.
The JSC has failed miserably on this. If we can have 300,000 teachers because we see the need cant we as well have 10,000 judicial officers. I fail to understand why a simple straight forward matter can drag on in court for years before you get a judgement. Can you imagine if all other professions delivered at the same pace as the judiciary. Think of engineers, doctors, accountants, teachers etc It would be a disaster
Exactly they are few, we all known that for years. 5 years on we should have High courts being built in every county. Initially that was the plan, that also led to the fallout and start of the vicious war in the Judiciary. JSC sets it own budget and its allocation has risen to 20 billion a year. The previous constituted JSC wanted to acquire buildings for the courts. Shollei pre-qualified a few of them, the former prominent JSC member had his own favourite buildings as well. They couldn’t agree on which to be picked in their sub-committee. It went to the full members for a decision and the infighting gathered momentum. From then on, one had to leave.
I want to give the current constituted JSC a chance but until the new CJ is sworn in then i wouldn’t know what direction its headed to.
There is this period from July-September when Judges go on the annual “summer vacation”. A tradition that started way back during colonization when the white judges were allowed to return to britain for holiday. Its still practiced in all commonwealth countries but why should we allow that to continue if we still have decades of backloads of cases waiting.
summer vacation tena? Some colonial practices should be done with,some things have been done for so long mpaka it is assumed it cannot be done in any otherway.
