Why judges’ swearing-in was cancelled: CJ - Justice minister Karua told to shut up
March 20th, 2009
Chief Justice Evan Gicheru and Justice minister Martha Karua. He has accused the minister of failing to push the Judicial Service Bill through Parliament.
In Summary
- Justice Gicheru said those criticising him want to replace him with a person they could arm-twist .
- Vows to fight any pressure and to jealously guard the independence of the Judiciary as long as he is holding the office.
- Accuses Justice minister Martha Karua of failing to push the Judicial Service Bill through Parliament
Kenya Chief Justice Evan Gicheru on Friday, for the first time, spoke about the aborted swearing-in of three judges and accused a Cabinet minister of interfering with the independence of the Judiciary. However, he did not name the minister.
He termed the aborted swearing-in ceremony of chief magistrate Aggrey Muchelule, his colleague Florence Muchemi, and lawyer Abida Ali Aroni in December, 2006, as interference from the Executive.
Law courts
Mr Justice Gicheru said that when swearing in of appointed judges is cancelled because some people were not consulted, that amounted to interference with the independence of the Judiciary.
The three had left the law courts for State House escorted by Mr Justice Gicheru only to be informed that the ceremony had been cancelled.
Mr Muchelule graduated with a masters in law degree in 2005 at the University of Nairobi. Ms Muchemi served as a principal magistrate in Mombasa before moving to the tribunal on environment while Ms Aroni was chairperson of the Constitution of Kenya Review Commission, which spearheaded the writing of the draft constitution that was rejected at the referendum of 2005.
Mr Justice Gicheru said he did not understand why judges, who had gone through all the procedures of vetting by the National Intelligence Security Service and the Judicial Service Commission, would not be sworn in.
The Chief Justice warned those bent on interfering with the independence of the Judiciary that he would not give in to their demands.
He said those criticising him were not doing so because he had failed to reform the institution, but because they wanted to replace him with a person they could arm-twist and manipulate.
He told judges not to listen to people from other quarters when dealing with cases.
“We will not allow our independence to be interfered with. Judges, do not listen to anybody else apart from the Chief Justice and follow the law in dealing with cases,” he said.
Mr Justice Gicheru vowed to fight any pressure and to jealously guard the independence of the Judiciary as long as he is holding the office.
“A judiciary which is directed by the Executive on what to do is not fit to be called a Judiciary,” he said.
The Chief Justice also accused Justice minister Martha Karua of failing to push the Judicial Service Bill through Parliament. The Bill, seeks, among other things, to give the institution financial autonomy.
Ms Karua, who was scheduled to attend the judiciary’s open day, was absent. According to the programme prepared by the judiciary for the event she was supposed to give speech after Attorney-General Amos Wako.
Mr Justice Gicheru further said that there was a deliberate effort by politicians to have a weak Judiciary that would depend on the other arms of government for crucial things like finance.
In relation to the general criticism on the Judiciary varying from corruption to delay of cases, the Chief Justice said politicians were not being fair as they were failing to see their own shortcomings.
“They always claim judges are corrupt. Who doesn’t sin and who are these human beings who are saints and cannot forgive?” he asked.
Last year the Law Society of Kenya petitioned President Kibaki to send home the Chief Justice over his running of the Judiciary. They wanted him to leave office to pave the way for radical reforms, which they claimed he had failed to initiate.
source.nation.kenya