Sexual abuse is widespread in Judiciary: Judge

Lady Justice Martha Koome appears before a panel at the Supreme Court on September 29, 2016 for an interview for the Deputy Chief Justice post. Justice Koome called for the enactment of the 2014 Child Justice Bill to protect underage offenders. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • She added that a committee should be set up and meet regularly to hear the complaints and forward them to the JSC.
  • Ms Tutui declared that she would not be pressured to allow abortion except on the grounds permitted in the Constitution.

A candidate for Deputy Chief Justice has admitted that there is a lot of sexual harassment in the Judiciary.

Court of Appeal Judge Martha Koome told the Judicial Service Commission (JSC) on Thursday during the interviews for the DCJ post at the Supreme Court that women are asked for sexual favours to get postings, promotions, or be sent for training.

“Yes, sexual harassment is a big issue even in the Judiciary. The Judicial Code of conduct should be implemented and all officers within the justice system sensitised on the same,” said Justice Koome.

She added that a committee should be set up and meet regularly to hear the complaints and forward them to the JSC.

“Morality requires self-introspection and Judiciary must demonstrate the highest values,” she said.

When asked about her background as head of Fida-Kenya in relation to her judicial philosophy in fighting domestic violence, she said: “When dealing with such cases in court, I do not see man or woman. I see an aggrieved party crying out for justice.”

Attorney-General Githu Muigai sought to know what her views were on family law if a parental contest arose in a case where a child has DNA from three parents such the baby who was born in Mexico some months ago.

Justice Koome said that in as much as the law is always developing, biological parents may not necessarily provide the best care for a child, and that mitigation in such cases should always consider the wellbeing of the child as paramount.

Justice Koome, who also said she is an astute defender of children’s rights, called for the enactment of the 2014 Child Justice Bill to protect underage offenders.

Another interviewee declared that she would not be pressured to allow abortion except on the grounds permitted in the Constitution.

ABORTION AND GENDER RULE

Lawyer Pamela Tutui told the JSC that even in adverse psychological effects to a mother, termination of a pregnancy should not be an option.

“There is a lot of debate on the abortion issue and many people argue depending on the side they want to look at it. Even when a mother cannot afford to raise the baby, it cannot be an excuse for abortion,” said Ms Tutui.

Her stint as a commissioner with the Electoral Commission of Kenya (ECK) in 2007 was highlighted, where she blamed the chaos that erupted after the declaration of the presidential results on parties that she said refused to move to court for redress.

Ms Tutui said she had joined the commission to move some ‘changes in electoral processes’ but did not succeed.

She added that should the Supreme Court find itself in similar difficult circumstances as the ECK did while determining a presidential election petition, her experience would be instrumental.

She said the process taught her big lessons.

She also waded into the two-thirds gender rule debate where she disagreed with the Supreme Court ruling giving Parliament timelines for implementing the rule.

She said the court would have given orders for immediate realisation of the rule.

“I can be trusted in similar circumstances. I learnt that I cannot shy away from speaking about things if they happen. The Supreme Court is also a collective responsibility."