BY SAM ALFAN.
Kenya Judges and Magistrates association (KMJA) is expecting a chief Justice who will stand with judicial officers against external attacks.
In a statement by KMJA secretary General Derrick Kutto said judicial officers have been attacked through baseless and unfounded allegations by malicious litigants.
Kutto said that the most affected are magistrates and kadhis some of whom have been sacked or suspended by Chief Justice.
According to Kutto, the association has lost its members through pain and frustrations.
Former Kiambu Magistrate Bryan Khaemba resigned after Chief Justice David Maraga and Judicial Service Commission failed to reinstate him despite being ordered to do so by Employment and Labour Relations Court.
It is also more than a year since the court ordered the reinstatement of former Milimani Chief Magistrate Daniel Ochenja.
Kutto said the association expects a Chief Justice who will afford them a hearing before taking any drastic actions in case of complains.
He said JSC should not let the country down when recruiting the next CJ and the exercise should be above board.
“JSC should not let the nation down. The country needs a man or a woman who is not trimming. A person who shall defend the rule of law and the constitution, a charismatic person who will earn respect both locally and globally,” added SG Kutto.
He appreciated retired chief justice David Maraga whom he said he worked with dignity and honesty during his tenure despite many roadblocks mounted against him by the executive and parliament after nullification of 2017 presidential elections.
“KMJA stood with Maraga and Judiciary against executive that was determined to bully and bring down Judiciary,” he added.
He added that Judiciary was branded as the weakest link in the fight against corruption and names of individual judges and Magistrates were maligned and even Deputy chief justice Philomena Mwilu was arraigned under what Kutto termed as dubious charges.
A veteran lawyer speaking to NairobiTimez said that judicial officers should be defended only against unfounded accusations otherwise it is the duty of JSC to hold Judges and Magistrates accountable and to maintain high ethical standards.
He added that the next Chief Justice should pursue appointment of the 41 Judges.
“Time to give serious consideration for the other gender to head the third Arm of Government,” he added.
On his part, lawyer Gitobu Imanyarra said the country needs a CJ who is able to provide leadership to the entire Judiciary in defending the Constitution and resisting executive pressure.
Lawyer Cliff Ombetta said the Chief Justice can only protect judicial officers when and if they are doing their work within the perimeters of the law, and while discharging their duties lawfully.
“Anything out of that will be dereliction of the duties of a Chief Justice,” said Ombetta.
He added that if anything unlawful by judges and magistrates must be dealt with and objectively so as to maintain the dignity of the office.
On the kind of the CJ the country needs, Ombetta said he or she needs to be a wise one and a CJ who will not bullied by the executive.
“A wise one. Who is not bullied by the executive, and legislature and can be able to sort out any impasse that can arise out of such situations without being sentimental and a baby cry,” Ombetta added.
According to the city lawyer Waithaka Nguruiya, the country needs an intelligent chief Justice who is focused on delivering justice to common mwananchi.
He added that the next CJ should be loather of corruption, non-conformist to the chosen ways of the cartels within and without the judiciary.
