A city resident has moved to the High Court to block Chief Justice Martha Koome from publishing the performance of individual judges, arguing that the decision will expose judges and judicial officers to harassment.
Mr Duncan Kariuki says in the petition that other than subjecting the judges and magistrates to unjustifiable and unwarranted both offline and cyber bullying, the move is likely to cause judicial stress, a move that will affect the delivery of justice.
Mr Kariuki says the intended publication lacks any framework to protect vulnerable judges and judicial officers subject to reasonable accommodation such as differently abled, ‘guardians to vulnerable dependants of high dependency such as differently abled children, expectant and nursing mothers, officers serving in extreme hardship areas’ among others.
“Despite this being a major decision to the country, with far-reaching effects to the people of Kenya and the administration of justice, there has not been participation of the people of Kenya apart from this unilateral and unregulated decision,” Mr Kariuki said.
The move to publish the performance report was announced by Judiciary spokesperson Paul Ndemo on July 3. He said Mr Ndemo did not provide any statutory reference for the intended acts of publishing the data.
Mr Kariuki says Justice Koome, the Judicial Service Commission (JSC) and Mr Ndemo do not have any statutory power to publish such data and shall be acting ultra vires.
According to the petitioner, the role for data control and processing is a preserve of the Chief Registrar of the Judiciary (CRJ), which is to be exercised independently and not as a secretary to the JSC.
He said that by directing the publication of the said data, the CJ and the JSC are unlawfully encroaching onto the statutory functions of the CRJ.
He further argues that judicial functions are conducted by human beings and should not be conducted under the pressures or undue influence and the presence of such factors undermines the judicial authority.
The petitioner added that the Judicial Service Act has prescribed the nature of the reports that may be published by the JSC and the Chief Justice and by dint of such statutory prescription, any other report, data or performance information intended for publication ought to have a clear statutory underpinning.
He wants the court to declare that the Chief Justice and the JSC do not have the constitutional, statutory or any legal authority to publish the individual performance data for judges and judicial officers.
