Judges anxious as they await vetting

Serving judges and magistrates are bracing for tough scrutiny as vetting continues in the Judiciary following the appointment of the Chief Justice, Deputy Chief Justice and Supreme Court judges.

A team to handle the vetting process is expected to be short-listed this week.

Sources in the Judiciary told the Nation yesterday that a number of magistrates and judges were contemplating leaving “instead of being subjected to embarrassing scenes during the vetting process.”

Sixteen applicants are vying for the chairmanship of the Judges and Magistrates Vetting Board that will scrutinise judges and magistrates in line with the requirements of section 23 of the Sixth Schedule to the Constitution.
Serve in the board

Another 243 have applied to serve in the board as members according to the chairman of the Selection Committee, Mr Titus Gateere.

The board will have nine members, six of them Kenyans and three non-Kenyans.

But even before the exercise begins, some judicial officers are contemplating quitting rather than undergo the mandatory vetting.

Judiciary sources said the judges are waiting to see who will be on the vetting board before they can make their decisions.

Under the law, judges and magistrates are expected to give notice to Judiciary in advance to indicate whether they want to go through vetting or voluntarily retire.

Those who opt to leave the Judiciary will be entitled to terminal benefits for early retirement.

Once the vetting board is put in place, it will look at complaints against the judges and also gather information in the course of personal interviews with affected judges before making any decisions.

This information and records of judges will be confidential.

Speaking to the Nation yesterday, Mr Gateere said the committee was analysing the applications before coming up with the names of suitable candidates to serve in the board.

The selection committee comprises one representative each from the Cabinet Office, Office of the Prime Minister, Ministry of justice, office of the Attorney-General, Public Service ministry, Public Service Commission, Judicial Service Commission and the Law Society of Kenya.

Applications

The period for receiving applications from people to serve in the board was extended after an initial lethargic response.

By close of deadline on April 12, the committee had received only nine applications — four had been received for chairmanship and five for members.

The constitutional requirement of gender representation of at least a third was also not met as almost all the applicants were men.