By Dickens Wasonga
Members of the public in Kisumu who met the board which will be vetting magistrates and judges as from next month want court clerks, lawyers , state councils and police prosecutors also captured in the process.
Speaking during a sensitization workshop organized by the board at a Kisumu hotel most participants mainly drawn from the civil society said the corruption that has deep roots in the judiciary can only be tamed by vetting all those who are involved in the delivery of justice and should not therefore target the magistrates and judges alone.
Helga Kagumba , a human rights group crusader while addressing the board which was led by the vice chairman Mrs Roselyne Odede said cases are common where court clerks demand bribes while purporting that they are acting on behalf on magistrates or certain judges and any process that leaves them behind will not clean the judiciary as it should be.
She added that on many occasions cases are delayed unnecessarily or are dismissed by the judges or magistrates because the police prosecutors failed to call witnesses to testify in court after being compromised.
Majority of the participants who also included representatives from the LSK asked the board to consider carrying out the vetting process in public if the exercise expects to win public confidence.
There has been huge concerns from members of the public about the process with many people criticizing the idea of holding it in private saying doing so will be like hiding from the public scrutiny.
” Article 10 of the constitution is clear about the public participation on this process which is critical but the Act which created the board denies the public this chance and we doubt whether the board will achieve it desire to restore public confidence in the judiciary if they conduct its sessions in camera” said Kagumba.
However the vice chairman herself appeared to agree with the calls for the process to be done in public forums. She said even her team have been lobbying for the public participation where even the media is allowed to cover the proceedings live in order to give it more credibility in the eyes of the public.
” we are also of the idea as suggested by most people that we do not hold the vettings in a closed door type. We are concerned that if we do so, most Kenyans might think we have something to hide but we will be fair and give the country a credible team at the end of our mandate which is one year.” said Mrs. Odede.
Odede said in most of the places they have been to in the country since September last year when the board was established , most people have been raising the issue about the delay of cases , magistrates over staying in one station even for up to 7 years, prosecutors and state councils being accused of being involved in graft among other concerns that they would want to see addressed.’.
” We will do our best. We are an independent team and we have lobbied to have the process conducted in public and still believe there is room for that to happen. All it will require is for the AG to do miscellaneous amendments and the cabinet to approve it and it does not need parliament’s participation” said Odede.
The vice chairman also assured the magistrates and judges of a fair and just process devoid of witch hunting adding that the rule of natural justice will prevail and asked them not to panic.
Judges and Magistrates who will be adversely mentioned by any member of the public will be accorded the chance to cross examine them, she added.
There has been claims amongst those who are set to be vetted that the process may be hijacked by those who have a bone to pick with some members of the judiciary as away to to get them out. This has spread fear amongst the sitting magistrates and judges e\who may be victimised or wrongly accused but the team allayed fears of such.
” Unlike the Ringera team, we will not target anyone for whatever reason but if we get enough evidence about allegations made against you by members of the public upon investigations, then you will go and our rulings will be final” Said Odede.
Kenyans largely lost faith in the judicial system when it became apparent that corruption had become away of life amongst those charged with the role of dispensing justice and it became open secret that justice was for the highest bidder.
Cases of missing files where court clerks would hide court files especially on cases they had interest on became common. Other cases would pend for years on end with suspects remaining in remand for long just because those who are in the wheels of securing justice are corrupt.
Things turned so bad that even when the 2007 general election results were disputed, opposition leaders defied calls by their colleagues in government to file a petition in court.
Determined to restore confidence in the country’s judiciary, an ACT of parliament established the vetting board to help weed out those who were giving this important arm of government a bad name after a compromise was reached not to fire all members of the judiciary as earlier envisaged by many.
Currently the team is going round the country in a bid to meet the people and sensitize them about the mandate of the board.
According to the vice chairman, the team would also like the public to avail information that about any sitting magistrate or judge who may have been involved in miscarriage of justice.
Such information will be treated as confidential and those giving it would not be identified. However of identified the witnesses are assured of protection by the board. The witnesses are also asked to give only credible information.
Whatever information availed on corruption or any misconduct will be verified by the team before passing any verdict against those who have been accused.
Odede however suggested that while the process of vetting which will begin with the court of appeal judges, then to high court and later magistrates will be underway, LSK should also ensure they establish mechanism to get rid of its corrupt members amongst its ranks.
” While we will deal with the judges and magistrates, we have cases where some LSK members stand in the way of securing justice to victims. Cases where some lawyers are accused of running away with clients money are not unique and should be addressed as well.They too need to style up.” She added.
ENDS.