Time to vet judges running out

BY WAMBUI NDONGA

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null 1/1 NAIROBI, Kenya, Jun 20 - Justice and Constitutional Affairs Minister Mutula Kilonzo on Monday said he would seek an extension of time from Parliament for vetting judges, saying it was impossible to beat the August 27 deadline. Speaking during the first Annual National Constitutional Implementation Conference in Nairobi Mr Kilonzo said that the country would have to go beyond the set timelines if it wanted to ensure that the vetting process remained credible and also facilitated reforms. He noted that despite the constitutional deadlines that had been set up, Kenyans had not yet constituted the board which would be tasked with vetting the more than 200 judges and magistrates. He also challenged the Commission for the Implementation of the Constitution to come clean and admit the need for an extension. "I'm afraid Mr Chairman you must start telling this country without fear, that this is one area where we will need more time to vet judges. As we speak today on June 20 the board has not been established," he said. "And when it (board) is established... if we are supposed to vet all the 236 plus judges it cannot be done before August 26," he explained. The Sixth Schedule of the Constitution provides a one year timeline (from August 27 2010) within which Parliament ought to have established mechanisms for vetting judges and magistrates. Mr Kilonzo also assured judges of a fair and transparent vetting process saying it would not victimise anyone.  He further lauded the passage of the Judicial Services law which seeks to drive reforms in the Judiciary. He explained that the law would fast track reforms in the Prisons' department and ensure that its standards conformed to international human rights obligations. The law sets up a judicial council that will be tasked with coordinating all judicial processes including witness protection and the police.  "And I'm afraid that I will not accept the radical surgery of 2003 where both the surgeon and patient died. This vetting process is not going to be a witch-hunt," Mr Kilonzo said.  When President Mwai Kibaki first took office in 2003 he promised to undertake reforms in the Judiciary. Former Kenya Anti Corruption Commission director Aaron Ringera was then tasked to look into allegations that some members of the Judiciary were corrupt. In 2003 Mr Ringera released a report that highlighted gross misconduct by certain judges. Some of them decided to be investigated before resuming their duties while others opted to resign. The process however failed to achieve the reforms that had been envisioned. Mr Kilonzo also commended the newly appointed Chief Justice Willy Mutunga and Deputy Chief Justice Nancy Baraza saying they were most capable of leading the judicial council. He also noted that the country had passed the Independent Offices law and added that the government would soon launch a nationwide civic education strategy aimed at informing the public about its role in the implementation of the Constitution. The strategy which was developed by the government and civil societies will also seek to correct any misconceptions that Kenyans could have about the Constitution. "This is a first in post independence Kenya and so we must salute the two conveners, Justice Secretary Gichira Kibara and National Civil Society Congress Chairperson Morris Odhiambo, for the initiative," he said. The Justice Minister also challenged Kenyans to promote the rule of law and ensure that the Constitution was implemented in totality. Follow the author at https://twitter.com/wambuindonga

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