Kenyan judiciary set for radical change

Under the Judiciary, kadhi’s courts will be subordinate to the High Court as is the case now. The jurisdiction of kadhi’s courts will remain the same. Photo/FILE

Radical changes await the Judiciary should the proposed law pass the referendum test. An independent Judicial Service Commission will be set up with public participation.

Judges will be vetted and approved by Parliament, and the vacant positions will be advertised and filled on the basis of equity, equality and expertise.

This is a radical departure from the current practice where judges are appointed through a commission that is beholden to the President.

All serving judges will be vetted afresh. Those who refuse to be vetted will leave with their benefits.

Kadhi’s courts

Under the Judiciary, kadhi’s courts will be subordinate to the High Court as is the case now. The jurisdiction of kadhi’s courts will remain the same.

The proposed constitution says judicial authority will be derived from the people and vested in and exercised by the courts and tribunals established by or under it.

Parliament is to establish courts with the status of the High Court to hear and determine disputes relating to employment and labour relations; the environment and the use and occupation of land.

The Supreme Court, which will be he highest in the land, will be established and headed by the Chief Justice. The Supreme Court will also comprise of a deputy Chief Justice and five other judges.

The Supreme Court shall have exclusive original jurisdiction to hear and determine disputes relating to the elections of the office of the President, among others.

Public service

Appeals shall move from the Court of Appeal to the Supreme Court. The Court of Appeal will have at least 12 judges.

The JSC shall consist of the CJ, one Supreme Court judge, one Court of Appeal judge, one High Court judge and one magistrate, two advocates (one a woman and one a man), one person nominated by the Public Service Commission, and one woman and one man to represent the public (not being lawyers).

They will be appointed by the President with the approval of the National Assembly. The Chief Registrar of the Judiciary shall be the secretary to the Commission.