CJ set to control Judiciary funds

The Chief Justice will be in charge of the Judiciary budget under the proposed new law on how reformed courts should work.

A committee that will select the team to vet judges will include the Law Society of Kenya and the Judicial Service Commission.

And the CJ will manage and administer the Judiciary funds instead of the judicial commission.

These are among the changes that have been introduced to the two Bills on the Judiciary that were withdrawn from Parliament on Tuesday.

The Commission on Implementation of the Constitution on Friday returned the amended Judicial Service Commission and the Vetting of Judges and Magistrates Bills to Justice minister Mutula Kilonzo for gazettement and tabling in Parliament.

The Bill on the Vetting of Judges and Magistrates also introduces regulations that the vetting board should come up with.

These are the conduct of the board’s operations and proceedings; the manner of receiving and processing complaints; and the steps that it may take between a preliminary finding and final determination.

The new Bill also specifies that three of the six members of the board, who are Kenyan citizens, shall be lawyers.

The commission, chaired by Mr Charles Nyachae, met Attorney-General Amos Wako and Mr Kilonzo at the State Law Office, where they passed on the new documents. Also present were Kenya Law Reform Commission secretary Joash Dache and Constitutional Affairs secretary Gichira Kibara.

In line with regulations

The Judicial Service Bill now says that the CJ shall provide for the management and administration of the Judiciary Fund. But this has to be in line with the regulations relating to public financial management.

The Bill has also included the principal secretaries (permanent secretaries) responsible for matters relating to Labour, Environment and Land in the National Council on the Administration of Justice.

An extra role for the council has been added and will be to speed up the establishment of Court User Committees at the county level.

The penalty for judicial staff who go against the regulations emanating from the new law has also been raised.