Eugene leads calls for judges' vetting to be opened to public

By Wahome Thuku

The Judges and Magistrates Vetting Board is under pressure to open its proceedings to the public. This is despite a provision in the vetting law barring it from conducting business in the public without consent of involved judges.

At the same time a section of legal professionals have opposed the board’s recommendations that some of the fallen judges should be engaged in other public affairs.

The lawyers were also debating whether serving judges should be appointed to head commissions of inquiry and other quasi-judicial bodies, which would put the Judiciary’s reputation to test.

Justice minister Eugene Wamalwa said on Wednesday that section six of the Vetting Act should be amended.

"We need to see and know how each judge responded during the vetting to understand why some have to go," said Wamalwa.

The sentiments were echoed on Thursday by human rights organisation, the International Centre for Policy and Conflict. The ICPC said the process should be made more open and participatory.

Vetting process

"The message is clear, especially to the newly recruited judges, that incompetence and incongruence will not be entertained in the execution of their mandate," said ICPC Deputy Director Paul Mwaura.

Another advocate said it was meaningless for the vetting process to be held in camera in the current era of openness.

"If the allegations made against the judges will still be announced to the public then holding the sessions in private is meaningless," he added.

Other advocates said those removed from the Judiciary should not be returned to public positions through the back door.

"Some judges who were removed in 2003 on allegations of corruption have been appointed to spearhead legal affairs in the same Judiciary," said Mr Lempaa Soyianka. "This would be the height of impunity."

He said only those who left a clean record in the Judiciary should be called to serve the public.Other lawyers argued that future governments should reconsider the policy of appointing serving judges to head commissions of inquiry.

"It’s a cardinal principle world over that as much a possible serving judges should be kept out of these appointments," said a lawyer who sought anonymity.

She cited Justice Samuel Bosire, who lost his job as a judge for having ignored a High Court order while serving as the chairman of the Goldenberg Commission.

Meanwhile, the Director of Public Prosecutions Keriako Tobiko has admitted that the sacking of top judges will affect justice delivery.

Tobiko said pending cases would be affected with some of the old ones having to be reviewed.

"The sackings will definitely have its effects and at the moment there are no criminal cases facing the sacked judges," he said.

Tobiko was speaking at a Naivasha hotel during a joint workshop to enhance co-operation between the Ethics and Anti-corruption Commission and the office of the DPP.

Present during the three-day workshop was GIZ programme coordinator Dr Eilizabeth Leiss, advocates, prosecutors and staff from the DPP and EACC offices.

-Additional reporting by Antony Gitonga