Maravi

Kibaki appoints judge Chomba to Kenya's judges vetting board

Kibaki appoints judge Chomba to Kenya's judges vetting board
By Speedwell Mupuchi
Sat 26 May 2012, 12:43 CAT

JUSTICE Frederick Chomba, a former Supreme Court judge, is among nine judges Kenyan President Mwai Kibaki appointed to the Kenya Judges and Magistrates Vetting Board.

Other members of the board include Sharad Rao, the chairperson, local Kenyan justices Roseline Odede, Abdirashi Abdulahi, Meuledi Iseme, Ngotho Wa Kariuki, Justus Munyinthya, and Albi Sachs of South Africa and Georgina Wood of Ghana.

Judge Chomba's appointment to the Kenya Judges and Magistrates Vetting Board is in accordance with the Vetting of Judges and Magistrates Act of 2011.
According to the Act, the nine-member board should have three judges from other countries and three from Kenya.

The board established as an independent body through an Act of Parliament is charged with the responsibility to determine the suitability of a judge or magistrate by considering whether or not they met criteria for appointment as judge of the superior court or as magistrate; their past record, including past judicial pronouncements, competence and diligence; any pending or concluded criminal cases before a court of law against them; any recommendations for their prosecution by the Attorney-General or the Kenya Anti-Corruption Commission; pending complaints from any person or body, including the Law Society of Kenya, Kenya Anti-Corruption Commission, Disciplinary Committee, Advocates Complaints Commission, Attorney-General, Public Complaints Standing Committee, Kenya National Human Rights and Equality Commission, National Security Intelligence Service, Police or, Judicial Service Commission.

According to the Act, the board in considering matters shall take into account professional competence - intellectual capacity, legal judgment, diligence, substantive and procedural knowledge of the law, organisational and administrative skills and the ability to work well with a variety of other people - written and oral communication skills; integrity - a demonstrable consistent history of honesty and high moral character in professional and personal life, respect for professional duties, arising under the codes of professional and judicial conduct; and ability to understand the need to maintain propriety and the appearance of propriety; fairness - being impartial to all persons and commitment to equal justice under the law - temperament, the elements of which shall be a demonstrable possession of compassion and humility; history of courtesy and civility in dealing with others; ability to maintain composure under stress and ability to control anger and maintain calmness and order; good judgement and common sense.

Other issues the board considers include legal and life experience, the elements of which include the amount of legal experience and suitability of the experience for the position, including trial and other courtroom experience and administrative skills; broader qualities reflected in life experience such as the diversity of personal and educational history, exposure to persons of different ethnic and cultural backgrounds.

Kenya Chief Justice Dr Willy Mutanga on April 30 when he met the Vetting Board stated that judicial officers now and in future must be competent, diligent, knowledgeable, organised and able to work with a variety of people.

"Expeditious vetting satisfies the aspirations of the constitution, for we see the clean-up of the Judiciary as only the beginning of Kenya's social transformation. It is important that when the Judiciary is called upon to adjudicate on matters of leadership and integrity, as is likely to happen at a time when the country chooses candidates for executive and legislative positions, the Judiciary shall not be found with a single blot on its character," he stated.

"It is an exercise that is unprecedented in the Commonwealth - one that requires a delicate balance of high-level professionalism and deep sensitivity to both the judicial officials whose record your Board continues to examine, as well as the public that has exceedingly high expectations of those who would sit in judgment over its affairs.

"Even as we take stock of these decisions, it is imperative that we avoid the temptation to see them through the sharp prism of narrow individualism which, in the first place, put so many of our institutions in trouble in the past. ... Ordinary Kenyans demanded a transformed Judiciary that would take seriously the task of winning back public confidence. This is one of the tools they chose to test the mettle and institutional commitment of the Judiciary to undergo transformation. I assure Kenyans that I will not allow our departing colleagues to be stepped on while they are down... For the rest of us who continue to serve, we must be aware that the bar of public service has been raised so high that it will not be possible to merely do the bare minimum to get by."

Labels: JUDICIARY, MWAI KIBAKI

posted by MrK @ 7:08 PM