GHOSTS OF RULINGS PASSED.

On the fateful new year’s eve of 2012, a woman went shopping at one of the exclusive shopping malls in Nairobi. As is norm in these times of high alert in Kenya, a security guard at the gate sought to subject her through the ordinary security checks. The woman found it offensive and she unceremoniously made her way into the shopping mall, upon which the security guard followed her insisting she follows laid down procedure. A debacle ensued. The woman is alleged to have fished out a gun from her hand bag and threatened to shoot the security guard. This was preceded by her pinching the nose of the guard and strongly advising her that “she should know people”.

That woman was Nancy Baraza, Kenya’s Deputy Chief Justice. The security guard was Ms. Rebecca Kerubo.  This incident hit news headlines and was followed by a huge wave of public outcry, prompting the Chief Justice to convene an emergency meeting of the JSC (Judicial Service Commission). The commission advised the president to immediately suspend the Deputy Chief justice from office and form a tribunal that would probe into her conduct after which it would make recommendations. 

Lady Justice Nancy Baraza.

Ms. Rebecca Kerubo at her work station.

Just the other day, the tribunal completed the task assigned and concluded that there were substantial grounds to believe that the Lady Justice Nancy Baraza assaulted Ms. Rebecca Kerubo. As such, the tribunal has recommended that the president relieves her from duty as Kenya’s Deputy CJ, citing that she is unfit to hold office.

One line; “TIMES HAVE CHANGED AND THE MIGHTY DO INDEED FALL”.

Thing is, Lady Justice Nancy Baraza will not be the first member of Kenya’s judiciary to be prematurely removed from office. CHANGE is the one word that best describes the on goings at this all important arm of the government. You might want to add that this change is very welcome though truth be told, it has been long overdue. You see, recent reforms introduced in Kenya’s Judiciary in a bid to restore public confidence in the institution have made immense progress.

For some time now, The Judges and Magistrates Vetting Board has been separating grain from chaff!! The board investigates the past and present conduct of Judges and magistrates and evaluates their suitability to hold office. Based on its findings, the board either clears one as fit to hold office or if found unfit, then one faces the sack. How cool is that!? # Pun totally intended! #

Formed by an act of parliament to assist in the implementation of the new constitution, the board has delivered resounding and unequivocal resolutions that have left the bench reeling in awe. 

Mr. Sharad Rao, Chairman of the Judges and Magistrates Vetting Board.

The sober panel does not mince its words when pronouncing its verdict. As expected, judges have been found unfit to hold office on grounds of having issued questionable rulings at any point in time during the execution of their judicial duties. Talk of ghosts from their pasts coming to haunt their present!! That’s not all. Judges and magistrates who let cases pile up without acting on them or those that use their judicial powers inappropriately are most definitely not going to be allowed to continue serving in Kenya’s judiciary!  These acts, the board has said, erode the public’s confidence in the institution.

Turns out that neither eminence nor years of practice in the judiciary can save you from the board’s axe. Who better to demonstrate this than justices Riaga Omollo, who by the way was the president of the Kenyan appellate court, Judge Samuel Bosire, court of appeal Judge Emmanuel Okubasu, Judge Joseph Nyamu and most recently High court Judge Jeanne Gacheche? These are some of the casualties of the judicial reform process. They have been sent packing and the Kenyan public knows only too well that this is just the beginning of the process of restoring their confidence in the institution.

Dr. Willy Mutunga, Chief Justice of Kenya's revamped Judiciary.

I have nothing but optimism in the positive changes that are taking place in Kenya’s judicial arm. Moving forward, the Legislature and the Executive arms of the government should totally borrow tips on how to win public confidence from the Judiciary. One step at a time, Kenya is finally moving towards becoming a wholesome democracy!!