Lawyers resolve to push for Gicheru ouster

The Law Society of Kenya has agreed to push for the removal of Chief Justice Evan Gicheru.

The decision was reached at the LSK annual general meeting held on Saturday at a Nairobi hotel.

The LSK resolved to petition President Kibaki to form a tribunal to investigate the Chief Justice's conduct. If the CJ is thrown out, the lawyers said, the fight against the “inept” legal system would have started.

The motion to petition the Head of State to probe the CJ was read by constitutional lawyer PLO Lumumba.

Speaking to the Nation after the meeting, LSK Chair Okong’o Omogeni said the meeting had also resolved to push for an amendment in the Constitution to expand the Judicial Service Commission. He said the commission’s membership ought to be expanded to include more members from the LSK.

The lawyers also supported calls by Justice Minister Martha Karua and Prime Minister Raila Odinga to ensure the criteria of the appointment of judges is revised in order to reform the judiciary.

But even as they proposed for radical changes in the legal system, there was a discontent among some of them who accused LSK’s leadership of “witch-hunt and revenge.”

Senior Counsel Gibson Kamau Kuria stormed out of the meeting after the chair refused to give him a chance to contribute to the motion of no-confidence against the CJ.

An irritated Dr Kuria accused the LSK chair of being “used to further political interests of the PM and the Justice Minister.”

“It is undemocratic for the chair to use the LSK to rubber-stamp the ideas of presidential candidates ...why is he abusing the powers of the LSK to fulfill political goals,” he asked.

But Mr Omogeni said it was wrong for Dr Kuria to attack him for doing his work. “As the chair, I am obligated to ensure that no one person dominates the session,” the LSK chair said, “but let him know we have no room for politicians.”

LSK Council Member Evans Monari also dismissed Dr Kuria’s argument terming it as “partisan and tribalist”.

“If he wants to protect the CJ as a personal friend, let him do so in another forum, but to blame the LSK for taking the stand it took is unacceptable,” Mr Monari said.

He noted that the direct onslaught on Mr Gicheru was because “he refuses to listen to the problems affecting the Judiciary.”

On his part, Dr Kuria, a former LSK chair, said “the laws would have to change before we change the person.”

“We have to change the Constitution first, before we start targeting people ...all we need is a framework, then all else would fall into place,” the senior counsel said. He added he was ready to fight “all those who want to place the legal system in jeopardy.”

Although it is widely agreed that  the country’s Judiciary is in shambles, Dr Kuria said, throwing out the CJ was akin to declaring a no-confidence vote in the whole court system.

But even as the LSK vowed to push on “as the resolution was passed by an overwhelming number” Dr Kuria vowed to “consult” to see the way forward in his bid to block the ouster of Justice Gicheru.

Another lawyer Kibe Mungai is also among those who are opposed to the ouster of the Chief Justice without a reformed Judiciary.