Lawyers move to oust Chief Justice

A wave of discontent sweeping among lawyers over the management of the Judiciary came into the open on Wednesday, following the dispersal of some of their colleagues who wanted to present their grievances to Chief Justice Evan Gicheru.

A statement by the Law Society of Kenya (LSK) calling for Mr Justice Gicheru’s resignation highlighted the grievances over the efficiency of some judges and magistrates.

LSK chairman Okong’o O’Mogeni said lawyers would push for the introduction of performance contracts for magistrates.

Failure to resign

It could mark the beginning of a public campaign by LSK to have Mr Justice Gicheru either resign or be forced out.

“Therefore, LSK puts the Chief Justice on notice that his failure to resign will leave the LSK with no option but to call upon the President to set up a tribunal to start the process of his removal from office,” the lawyers said in the statement signed by vice-chair James Mwamu.

It followed the stationing of riot police within and outside the Nairobi law courts to block a team of lawyers from presenting their grievances against a chief magistrate.

LSK accused Mr Justice Gicheru of “introducing police brutality within the corridors of justice” and said they would petition President Kibaki to name a tribunal to establish the CJ’s suitability to remain in office if he did not resign.

If the LSK succeeds, it will be the second time in the past five years that a CJ is forced out of office.

Mr Justice Bernard Chunga was forced out of office soon after President Kibaki came to power in 2003, following agitation by NGO activists and the minister for Justice and Constitutional Affairs at the time, Mr Kiraitu Murungi.

Mr Justice Chunga had successfully prosecuted cases involving some of the activists during his time as director of Public Prosecutions.

For the CJ to be removed, the President must name a tribunal chaired by the Speaker of the National Assembly, one senior counsel and at least two other High Court or Court of Appeal judges.

LSK has the mandate to advise and assist members of the legal profession, the Government and the public in all matters relating to the law and administration of justice in Kenya.

It is mandated to protect and assist the public in all matters touching on the law.

Speaking from the US, where he is attending the American Bar Association congress, Mr O’Mogeni said: “We will not condone any act by the CJ in shielding reforms that will bring efficiency to the Judiciary.

On Wednesday, the 10 lawyers were stopped at the entrance of the court and ordered to leave the compound immediately, because there were firm instructions to block them from entering the courts.

The lawyers tried to plead with the officers to allow them in as officers of the High Court but this fell on deaf ears.

They were part of a group that on Tuesday was dispersed by police during a protest at the Nakuru law courts.

LSK Rift Valley chairman Gordon Ogolla, at one point requested to be allowed into the courts alone so that he could present the grievances to the registrar on behalf of his colleagues.

But the officers, who were not willing to listen to anybody, hurled them out of the compound and ordered the security guards to lock the gates.

The lawyers further said they wanted the Chief Justice to leave office for having failed to manage the administration of justice.

The lawyers said police officers could not have been inside the Nairobi courts on Wednesday and in Nakuru on Tuesday, without the CJ’s consent.

This is not the first time that lawyers have collided with the Chief Justice over various judicial matters.

Most recently, lawyers in western Kenya boycotted offering legal services to murder suspects, to pressurise the CJ to revoke a legal notice restricting hearing of constitutional matters to Nairobi.

Judicial reviews

The CJ and the lawyers have also clashed over a directive that all judicial review matters be filed in Nairobi.

The LSK and some of its branches separately went to court to challenge the directive as lawyers in some parts of the country boycotted courts in protest.

The cases in question were judicial review applications and suits where the Government is a party, international disputes and commercial matters relating to the Kenya Revenue Authority.

Other issues that the lawyers have constantly differed with the CJ on have included slow operations at the Judiciary and the perceived lack of public confidence on the judicial system.

The LSK statement yesterday was issued following the two incidents where police lobbed tear gas canisters at lawyers who were expressing their grievances.

The lawyers said that police had no reason to take such action especially in Nairobi since they (lawyers) were not holding any demonstrations.

“The police officers even arrested a clerk of the High Court and two advocates based in Nairobi who did not even know what was going on,” LSK council member Florence Mwangangi told journalists.

Ms Mwangangi, who read the LSK statement said that the presence of the police officers at the High Court acted to hinder the delivery of justice to Kenyans.

She added that the consequent attempted arrest of some of the lawyers was also uncalled for, since the advocates had an appointment with the High Court registrar, Mrs Lydia Achode.

Reported by Oliver Mathenge, Jillo Kadida and Noah Cheploen