Justice Mary Ang'awa responds to questions from the Judiciary Service Commission, May 9, 2011. She is one of the applicants being vetted for the position of the Chief Justice. JENNIFER MUIRURI | NATION
By PAUL OGEMBA, pogemba@ke.nationmedia.com
Posted Monday, May 9 2011 at 14:19
Posted Monday, May 9 2011 at 14:19
High Court Judge Lady Justice Mary Ang’awa’s constant movement from one station to another, one line judgments and high-handedness to lawyers came into scrutiny during her vetting for the post of Chief Justice.
Judicial Service Commission members Florence Mwangangi, Ahmednasir Abdullahi and Emily Ominde put Justice Ang’awa to task over her alleged arrogance and lack of decorum when handling cases.
She was questioned about the dangers of having insufficient time to acquaint herself with the stations she was posted, and why she had been moved to 12 different stations from the time she was appointed a High Court Judge in 1993.
Florence Mwangangi: The frequent transfers of judges are a way of case delays. Why is it that you have been transferred from one place to another, at one point serving in three different stations in a year?
Justice Ang’awa: In most of the cases, there was a different Chief Justice and in all particular stations, I had no pending cases. I won’t say it was because I am credible, always available and reliable.
Florence Mwangangi: You are accused of not being able to work well with advocates because you are too hard on them and the witnesses. How will you solve this if recommended as the Chief Justice?
Justice Ang’awa: It is a misconception that needs to be corrected. I have been working closely with the LSK and if I had a problem with the advocates, I will call for a business meeting to discuss the matter.
Ahmednasir Abdullahi: Your judgments consist of one line or one paragraph rulings, skeleton in nature and lacks depth. It is evident you have a problem writing in prose. Do you think writing in poetry will help or capture the essence of justice?
Justice Ang’awa: If the way is wanting, then I am surprised. There are prominent judges who give one line rulings, and it is no excuse for quality judgments. What matters is whether I am able to give out judgments quickly or wait for four years to deliver the same.
Mary Ominde: The public thought is that you are eccentric, temperamental, uncooperative, dictatorial, egoistic and unreasonable. Do you then think you have the qualities to be the Chief Justice?
Justice Ang’awa: I am not dictatorial but it is clear I do not compromise with justice.
Ahmednassir Abdullahi: Lawyers say you have the mindset of a kindergarten teacher; you don’t follow the cause list, you give priority to lawyers at your ransom leading to some boycotting your court sittings. How will you change that attitude if you become the Chief Justice?
Justice Ang’awa: The problem is that we have been reading from different scripts, and until it is addressed, we will still have the same problem. On seniority, I have been within the law to give senior members the preference. The advocates who boycott my courts are compromising justice and are not helping their clients.
Asked whether her 30 years service in the judiciary will make her an impediment to reforms, Justice Ang’awa said she has what it takes to bring reforms.
“I gained my promotions because I did not stagnate at one place. I have kept myself with learning and going back to school at every opportunity, and I have a track record of turning the courts around,” said Justice Ang’awa.
She ran into trouble when she said that she will be happy with a judge or magistrate whose 90 per cent of judgments and rulings end up being challenged in the Appeal Court unlike one whose judgments are not questioned.
“Is it right to say that a judge or magistrate whose decisions are being overturned is working in the right direction? Don’t you think it is the opposite of what you are saying?” asked Ms Mwangangi.
She defended by saying that when the judgments go to a higher court for a review, they will give the judges or magistrates a chance to note their mistakes in future similar cases.
On leadership ability, Justice Ang’awa said she will be a servant leader if appointed the Chief Justice and will not lead by force.
On the issue of corruption within the judiciary, Justice Ang’awa conceded there is a massive rot and concurred with Mr Abdullahi that corruption should be declared a national disaster especially within the judiciary.
To reduce backlog cases, Justice Ang’awa said she will establish High Courts in all the 47 counties, ensure there is Appeal Courts in at least seven major towns and retrain court officials on the practice of case load management.
“I will also reintroduce court inspectors to monitor what is happening to bring the judges and magistrates into accountability and report cases of corruption,” said Justice Ang’awa.
Asked about the capabilities and qualities she will bring into the judiciary, Justice Ang’awa said she will inject in good management and administration, bring back dignity and confidence in the judiciary and ensure there is respect within the ranks.
Her vision for the judiciary if chosen as the Chief Justice will be to maintain the rule of law as the backbone of the judiciary, fast track the implementation of the new constitution, implement new civil law procedures and employ court inspectors for rapid response on complaints.
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