Judges vetting panel proposes disciplinary team to take up its role

President Uhuru Kenyatta (right) receives the Judges and Magistrates Vetting Board's final report presented by chairman Sharad Rao. PHOTO | PSCU 

In Summary

• Mr Rao said the tribunal would receive complaints from the public on errant judicial officers and make recommendations for appropriate action.
• The board was submitting its final report to President Uhuru Kenyatta on Tuesday.
• The report recommends a broad structure providing effective access to justice and investment on human capital in the Judiciary.

By PSCU
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The Judges and Magistrates Vetting Board has proposed the formation of an independent disciplinary tribunal to take up its role.

Board chairman Sharad Rao said the proposed tribunal, to work under the Judicial Service Commission, should comprise members from outside the Judiciary to avoid conflict of interest.

Mr Rao said the tribunal would receive complaints from the public on errant judicial officers and make recommendations for appropriate action.

The board was submitting its final report to President Uhuru Kenyatta on Tuesday.

The report recommends a broad structure providing effective access to justice and investment on human capital in the Judiciary.

Mr Rao said although they initially faced challenges and hostility from members of the Judiciary, their work has been appreciated as it has restored confidence in the Judiciary. But he added the executive had not interfered.

NO INTERFERENCE

“Since the board was constituted, we have never had any interference from the executive or any political quarters,” said Mr Rao.

The report provides details on why and how reforms can be carried out in the Judiciary.

Mr Rao said, “A lot of confidence has been restored to the Judiciary as a result of the work of the board”.

President Kenyatta commended the board for its work and challenged the Judiciary to be accountable for its work, saying negative perceptions would erode the credibility of its rulings.

“The Judiciary must always understand that they are being watched, everybody must be accountable and the Judiciary is no exception,” said the President.

“The judicial system cannot afford to be biased, it has to be a true independent institution,” said the President.

“We need to have an ongoing system that shall keep people on their toes, so that they can know whatever decisions they reach they will be looked at,” he added.

The board was established in 2011 as part of reforms at the Judiciary to determine the suitability of all the judges and magistrates who were in office as at the effective date of the Constitution.

The vetting was aimed at restoring confidence in the Judiciary in accordance with the values and principles set out in the Constitution.