LSK rebuffs criticism of Judiciary in anti-graft war

Law Society of Kenya President Isaac Okero addresses the media at the Milimani Law Courts in Nairobi on July 1, 2016. Mr Okero on October 19, 2016 said "shoddy investigations and poorly conducted prosecutions" are to blame for failures in the anti-graft war. FILE PHOTO | MARTIN MUKANGU | NATION MEDIA GROUP

What you need to know:

  • Earlier this week, President Kenyatta blamed independent institutions for the slow pace of the war on corruption.
  • The LSK president in a statement said "shoddy investigations and poorly conducted prosecutions" are more likely the cause of delays in the determination of cases or of the low rate of convictions than corruption of judicial officers.
  • Mr Okero said new Chief Justice David Maraga deserves the full support of the bar as he embarks on his work.

Law Society of Kenya president Isaac Okero has defended the Judiciary over claims that it is failing in the war against corruption.

Mr Okero said the Judiciary is concerned with and responsible only for the adjudication of cases before it and Kenyans know only too well that the first two stages of investigation and prosecution are often far from free of fault or contamination.

President Uhuru Kenyatta earlier this week said he had done all he could to fight corruption and should not be blamed for the failures of independent institutions, which have been given the responsibility of dealing with graft.

He claimed that the Judiciary was taking too long to decide on corruption cases.

But the LSK president, in a statement, said the truth is that cases in court are as good as they are presented and prosecuted.

“Shoddy investigations and poorly conducted prosecutions are more likely the cause of delays in the determination of cases or of the low rate of convictions than corruption of judicial officers,” said Mr Okero.

He added that for the best results in the trial of corruption cases, each component of the entire process, including investigation, prosecution and adjudication, must aspire to the highest quality.

PROFESSIONAL STANDARDS

Mr Okero said new Chief Justice David Maraga deserves the full support of the bar as he embarks on his mission and he would receive this from LSK members.

He congratulated Justice Maraga upon his formal appointment and swearing in as Chief Justice and president of the Supreme Court of Kenya.

“I have no doubt that as the Chief Justice, President of the Supreme Court and Chair of the Judicial Service Commission, Justice Maraga will very quickly be able to restore both the function, dignity and collegiality of the apex court,” said Mr Okero.

He added that this will enhance discipline and professional standards within the Judiciary, both necessary to build public confidence.

He said that with Justice Maraga’s experience in private practice and as a judge of the superior court he has the benefit of the perspectives of both the bar and the bench as he considers his strategy.