Public Lose Faith In Kenya Judiciary

By Joyce NamutebiTHE Kenyan Judicial system suffers from a serious lack of public confidence, a Commonwealth advisory panel of judicial experts has established.The panel, chaired by Uganda’s Supreme Court judge, Justice Dr. George Kanyeihamba, said Kenya’s judicial system was perceived by many outside it as generally corrupt or corruptible.Kanyeihamba said this in a speech at a press conference held at the Intercontinental Hotel, Nairobi, recently.The panel’s mandate was to advise on reform proposals about the Kenya judiciary, to be incorporated in a new constitutional framework and make a report. The panelists were drawn from Uganda, Kenya, Tanzania South Africa and Canada.Kanyeihamba said the panel met and held discussions with the Attorney General, the Chief Justice, judges and other members of the Kenyan judiciary. It also received numerous written and oral submissions from key stakeholders including the Law Society of Kenya, FIDA, civil society, lawyers and citizens.“We have regrettably discovered that as presently constituted and administered, the Kenya judicial system suffers from a serious lack of public confidence. And is perceived by many outside it as generally corrupt or corruptible and in need of fundamental structural and operational reforms,” he said.Kanyeihamba said the panel had discovered that acts and behaviour of members of the legal profession left a great deal to be desired.“The judicial air in Kenya is full of impurities emanating from allegations of corruption, incompetence, favouritism, nepotism and inefficiency. If the judiciary is to carry out its vital functions in an acceptable manner, the air must be urgently cleared,” he said. The panel recommended there should be an expanded and independent Judicial Service Commission to make recommendations to the President directly on persons to be appointed as judges or removed from office.“We are recommending that a machinery be put in place urgently to work out ways and means for enhancing easy access to justice including establishment of community courts, extension of legal aid and alternative dispute resolution systems,” he said.The panel called for establishment of a Supreme Court of Kenya, which would be the highest appellate court.Ends