Deputy Chief Justice Nancy Baraza (left), Mombasa Chief Magistrate Rosemelle Mutoka (centre) and Lady Justice Joyce Aluoch (right) from the ICC when they toured Shimo la Tewa Prison on Wednesday. Judges are opposed to any form of disciplinary action arising from rulings they make on cases. Photo/GIDEON MAUNDU
By GALGALO BOCHA gbocha@ke.nationmedia.com
Posted Friday, August 19 2011 at 22:30
Posted Friday, August 19 2011 at 22:30
Judges will oppose any form of disciplinary action arising from rulings they make on cases. (Read: Judges risk penalty for faulty rulings)
This was among the key resolutions made as 59 judges of the Court of Appeal, High Court and yet-to-be constituted Supreme Court concluded their week-long meeting at Serena Beach Hotel in Mombasa County.
“The judges resolve to develop guidelines for balancing accountability and decisional and institutional independence of the Judiciary. Such guidelines should provide that a judge should not be subject to disciplinary action merely because he or she makes an incorrect ruling,” they said in a statement read at the end of the session.
The judges said provision for appeal was created deliberately by law to deal with such errors that might arise from rulings of lower courts.
“Flagrant legal errors, legal errors motivated by bad faith, or a continuous pattern of legal error could be considered to violate set judicial codes of conduct but should nevertheless be addressed through fair and expeditious procedures.”
The Judicial Service Commission (JSC) told magistrates and judges that they would be held accountable for cases they handled.
JSC vice chairperson Christine Mango had triggered the debate earlier when she told the judges that the commission was prepared to deal with “judicial impunity”.
“There is urgent need to focus very strongly on judicial impunity. Judicial impunity for us at JSC means a judge, a bench of judges or magistrates making decisions that are contrary to the law, or one that is outrageous,” Prof Mango said.
However, the judges called for creation of policies to deal with issues such as equitable assignment of work, time to make rulings without encroaching on their vacations, promotions, transfers and reward to best performers.
They also stressed proposed automated recording of court proceedings. The judges further appealed for fairness in the forthcoming magistrates and judges vetting.
The judges had earlier told Chief Justice Willy Mutunga the planned vetting had caused anxiety among them.
“We resolved to appeal for a fair and transparent process of vetting judges, providing for standard protocol such as the advance provision of the format and set of questions to be asked and duration,” they said in a statement.
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