Foreign input hitch hits judges’ vetting

Vetting of top judicial officers stalled because the evaluating board lacked input from foreign judges.

Presence of Commonwealth judges would make it difficult for judges and magistrates declared unfit for office to challenge the decision of the board, the Judges and Magistrates Vetting Board vice-chairperson Roseline Odede said on Wednesday.

“It was decided that vetting panels should include foreign judges who are viewed as independent. We could have finished vetting of magistrates by March 28, last year after finishing with judges,” Ms Odede said.

DECLARED UNSUITABLE

Due to lack of the Commonwealth judges, the work has not been completed, she told stakeholders from Nyamira and Kisii counties in Kisii Town, adding, it was not possible to work without the foreign judges.”

Ms Odede accused some judges of frustrating the board’s work.

“Some of the judges we had declared unsuitable continue serving in the Judiciary moved to court challenging the jurisdiction of the vetting board,” she said.

“The Act establishing the board gives us power to decide whether or not a serving judge or magistrate is suitable or not and our decision should be final,” she said.

Similar concerns were raised by the chairman of the vetting board, Mr Sharad Rao.

“Almost all the judges who have been vetted and found unsuitable for office have lodged complaints against us in the courts. Cases in almost all the categories of courts in this country have been filed against the board,” he said.

Most judges insisted they should be vetted for their actions for the period before 2010 when the new Constitution was promulgated — a demand Ms Odede was not comfortable with.

“Does it therefore mean those who committed acts that make them unsuitable for office after 2010 should be left to continue serving without any action being taken against them?” she posed.

Ms Odede said the board was consulting with the government on what to do with judges who continue to draw salaries even after being declared unsuitable.

The court ordered that the ‘unsuitable’ judges continue receiving salaries until their cases at the Supreme Court are determined.

“Although the board’s decision on the suitability magistrates and judges is final, vetting panels have been allowing those affected by their decisions to apply for a review of their verdicts,” Ms Odede said.

Other board members, Mr Abdi Rashid Abdullahi and Justice (Rtd) Alice Mpagi Bahegeine (Ugandan), also addressed the forum.

Mr Rao said his board’s decision must be insulated against legal suits if they are to make progress.