If you have evidence against a judge, come forward

As I promised last week, I will share my thoughts on the impending vetting of judges and magistrates.

This process will start shortly. It is both a constitutional and statutory process.

It entails a process where Kenyans, as the repository of the sovereign, will audit the suitability of all judges and magistrates who were in service when the Constitution was promulgated.

If the mail in my inbox last Monday is anything to go by, Kenyans, it seems, are raring to go. They seem ready, able and willing to play their civic duty.

Readers volunteered all kinds of information and have pledged to come forward. One wrote from a European country and promised to travel home to give evidence against a judge.

From an analysis of preliminary data in by inbox, the complaints by Kenyans fall into three categories. Corruption and sheer incompetence seem the biggest grievances.

A number of readers gave detailed accounts, including the judges, the case numbers, lawyers and even the amount of money alleged to have changed hands.

Interestingly, the readers also identify specific properties they allege to be owned by judicial officers. The one I found most interesting was a reader’s description of some town houses in Diani.

The second category of claimants relates to mistreatment of lawyers and litigants before a given court.

Many Kenyans feel that the courts have mishandled their lawyers and themselves as part of the process where a court is compromised.

The use of uncivil, crude, even at times obscene language by judicial officers, seems a common complaint.

Lastly, another grievance strongly expressed by some readers relates to improper and indecent conduct on the part of some judicial officers.

One writer bitterly complained that a judge used his position to break his marriage and, in the process, took away the lady.

Other readers complained of compromising situations they believe to have led to a miscarriage of justice.

What grounds will the judges and magistrates be vetted on? Under the vetting of judges and magistrates Act, the vetting board will have wide and even draconian powers.

It can establish whether a given judge was in the first place qualified to be appointed.

He will also be judged on the quality of his judgments, competence and diligence. The criminal case he faced previously will also be considered.

Complaints against a judge in the books of any professional body or state investigative organ will also be considered.

The candidate will also be judged on a number of fairly subjective tests which include professional competence, written and communication skills, integrity, fairness, temperament, good judgment and legal and lifetime experiences.

I am calling on Kenyans to come forward and play their part in reforming the Judiciary. You must understand that you have an obligation to come forward.

It is your duty. It is your call. Your country is crying for your service. You must not betray it by remaining silent.

If you have any evidence of corruption against a judge or magistrate, you must come forward. If you know a house, a school or a hospital owned by a judge, you must report.

If a judge has abused you, insulted you or mistreated you in court, you must come forward. If a judge has taken your wife or husband, girlfriend or boyfriend, or has conducted himself or herself in an indecent manner, you must come forward.

You must play your part in reforming the Judiciary. I particularly plead with lawyers to come forward.

Your country is calling on you to help reform the Judiciary. Please answer the call! Please don’t let it down!

I will personally go before the vetting board to share with them the grievances some of my clients have.

That is the least I can do for my country. That is what every lawyer and every citizen who loves his country must do!

Mr Abdullahi is the publisher, Nairobi Law Monthly [email protected]