Lawyers plot Chief Justice ouster

Lawyers and the civil society have planned mass protests to push for the removal of Chief Justice Evan Gicheru.

They also want the process of employing new judges done in a transparent manner.

Angered by failure by President Kibaki to act on petition for the removal of Mr Justice Gicheru and implementation of judicial reforms, the groups have formed a movement to agitate for action.

“We have formed a movement...we shall go to the streets,” Law Society of Kenya chairman Okongó Omogeni told the Nation after a press conference by LSK, government-owned Kenya National Commission on Human Rights (KNCHR), International Commission of Jurists (ICJ) and Federation of Women Lawyers (Fida-K).

He was accompanied by KNCHR chief Florence Jaoko, her ICJ counterpart George Kegoro and colleague Wilfred Nderitu, Grace Maingi (deputy CEO Fida) and LSK officials Apollo Mboya, Evans Monari and Lilian Omondi.

The officials accused the CJ of allegedly “playing along” with the cartels involved in appointment of judges and thus allowing them to take foothold on the affairs of the judiciary.

“The conduct of the Chief Justice, who is the chairman of the Judicial Service Commission in initiating judicial appointments that are shrouded in secrecy has made the judiciary the subject of public ridicule and called into question his own leadership of the institution.”

The officials said a number of “people” had been informed that they are to be sworn in next week as judges and warned that they did not want a repeat of recent ceremony where a lawyer was turned away after being invited by the CJ.

“Three others were turned away at State House having robed and gone there for the swearing ceremony,” they said in a statement, adding that the incident was an embarrassment for judiciary, the legal profession  and individuals “that took a trip to State House on what in the end was a wild goose chase.”

The officials said it is futile to appoint judges at a time when the judiciary is under public discussion in the constitution review process.

“The fresh appointments, given the problem that the judiciary faces, are a repudiation of the forthcoming of the forthcoming reforms, and an attempt to reflect a false picture that it is business as usual in the judiciary,” they said, adding that a number of current judges could not pass re-validation test.

Blaming the Judiciary on poor handling of election petitions, the leaders said there was no confidence it play a role in political stabilisation by regulating competition and ensuring players stuck to the rules.

In an apparent reference to the hurried swearing in of President Kibaki after disputed 2007 presidential election results, the officials said the CJ led the judiciary in taking a controversial role in the lead up to the violence that followed.

Taking issue with Mr Justice Gicheru for allegedly stopping hearing of judicial review cases, they said the tribunals formed to investigate suitability of some judges to hold office had also stalled.

“It is difficult to defend the leadership of Chief Justice Evan Gicheru or to expect that the judiciary can reform as a result of his stewardship. At the same time, we are aware that the judiciary has a number of very hard-working, well-meaning and honest people.

“However, the prevailing environment has not allowed them to do their work, and they must for now, suffer the collective condemnation that the judiciary is subjected to,” the hard-hitting statement said.

Most of judicial appointments, they said, were political and called for a system such as in Uganda where a list of those to benefit from appointments was made public depending on their qualifications.

In Kenya, one requires to have served as an advocate for seven years or above to be appointed a judge.

The officials said they would first push Parliament to “take action on the office of the CJ” and expand membership of the Judicial Service Commission (JSC) which is charged with appointment of new judges and if they fail they will consider other options.

But Parliament is currently on recess, a thing Mr Omogeni said would make the groups resort to mass action if the government goes ahead and appoints new judges.

According to the current constitution, which sets the number of judges at 70, there’s a shortage of 26 High Court judges and five (Court of Appeal).

Apart from Mr Gicheru who chairs JSC, other members are the Attorney General, two from the Public Service Commission and two judges.

Mr Omogeni’s group however wants LSK and other stakeholders to be also included in JSC.