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Instalment two: Chapter 13 The Judiciary

Posted by Popular Ombudsman on November 23, 2009

Although there have been a wide range of opinions expressed during the debate about this chapter, the judiciary due to its own abysmal performance does not inspire any confidence. The draft proposes a radical step of declaring all judges redundant and then subjecting them to a new round of vetting. The judges and other people are bound to be informed by a hoax which was perpetrated in 2003, where ‘a radical surgery’ was used to pack the judiciary with politically correct judges. Short of asking the judges to name those among them who are corrupt, the tolerance for corruption in the judiciary should be so low that every time a judge tries, he or she gets sacked. If the corrupt ones change their ways completely, then they survive. The transitional arrangements for the judiciary need improvements.

Having said that, the constitutional court and supreme court, should get new judges or carefully vetted individuals among the current judges.

Kadhi Courts

The Kadhi Courts in the form in which they are proposed do not seem to present a problem. The negative reception by a few evangelicals is borne more out of pre-conceptions than reality. The truth of the matter is that Kenya already has Kadhi Courts, such that rejecting the draft because of them simply makes no sense. For those contending against the courts, countenance this: would you rather have Kadhis who are appointed and paid from Saudi Arabia or Afghanistan or Kadhis who are Kenyan working within a Kenyan framework? These are the hard choices Kenyans have to make!

It is our considered view that this Chapter requires only minor revision as mentioned above and the Kadhi’s courts should be left alone and not pulled alongside the contentious issues.

-To be continued.


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