Crisis in Judiciary as Karua hits out at CJ

• Judges picked on basis of cronyism and incompetence, charges minister

Relations between the Judiciary and its parent ministry sunk to an all-time low after Ms Martha Karua on Monday said that most judges got their jobs due to “favouritism, cronyism and incompetence”.

In a blunt press statement, the Justice and Constitutional Affairs Minister accused Chief Justice Evan Gicheru of dishonesty and standing in the way of reforms to introduce transparency and merit in judicial appointments.

A few good judges who have landed the jobs did so “incidentally rather than systematically,” Ms Karua said as she responded to the Chief Justice who last week accused her of interfering with the Judiciary.

Crucial reforms

Ms Karua’s pointed criticism is yet another blow to the Judiciary, weighed down by complaints over delay of cases.

Although she fell short of calling for the CJ’s removal, Ms Karua told him to stop hiding behind the independence of the Judiciary to shield himself from criticism and block crucial reforms.

“The rule of law is in jeopardy and the Government and the people of Kenya will not continue to stand and watch as things run as usual... the Judiciary must get down to work and make changes now. If it does not the people shall,” Ms Karua said.

The minister did not state how such changes would be effected. Judges can only be removed on grounds of incompetence or corruption, but only if found guilty by a tribunal appointed by the President.

The Law Society of Kenya has already petitioned President Kibaki to form a tribunal to investigate Mr Justice Gicheru and pave the way for his removal from office.

The lawyers accuse the CJ of incompetence and stalling the judicial reforms.

There has been no word whether State House will accede to the request.

Ms Karua’s intervention, however, dramatically ups the ante in what has hitherto been a campaign against the Chief Justice driven by the LSK and other legal advocacy groups.

Competitive process

Calling for a transparent and competitive process of picking judges, Ms Karua claimed that a Cabinet colleague has for the last one week been “working for a person from his village to be appointed judge.”

As minister for Justice, National Cohesion and Constitutional Affairs, Ms Karua occupies a powerful seat in the entire system of the administration of justice. Even though it enjoys operational independence, the Judiciary falls under her docket, and she has become increasingly critical of its performance.

Last week, LSK and three other law organisations accused the Judicial Service Commission of planning to recruit more judges irregularly and vowed to lead street protests to block the move.

The commission chaired by the Chief Justice nominates persons for formal appointment as judges by the President.

LSK now wants to be involved in the process, which currently involves the AG, two members from the Public Service Commission and two other judges.