Cabinet approves vetting bill for Judges

Cabinet has approved a bill seeking to vet judges and magistrates in line with the new Constitution.

The bill proposes the setting up of a nine-member team that will undertake the vetting process.

The Cabinet also laid out the procedure for appointment of the nine, handing the Public Service Commission the mandate of advertising the positions and shortlisting.

"The PSC shall forward the shortlisted candidates to the President who will in consultation with the Prime Minister nominate nine names for consideration by parliament.

"Parliament will then vet the names and forward the vetted list for appointment by the President," read part of the Cabinet memo.

Judges of the Court of Appeal will be the first judicial officers to face the vetting tribunal.

They will be followed by High Court judges, chief magistrates and other judicial officers in that order.

The judges would be vetted to determine if they should be fired or retained in line as dictated by the new Constitution.

Those who do not want to be vetted can retire without loss of benefits. The tribunal has a year to do its work but Parliament can extend its mandate by another year.

The tribunal will consider if a judge has complaints from any citizen, professional body or government agency. It will also dig into the past conduct and track record.

The tribunal’s findings will be given to the officer in writing and also made public.

The meeting, chaired by President Kibaki at State House, Nairobi also reached decisions that will impact positively on the City of Nairobi and other municipalities.

It approved the partnership between the central government, local authorities, and the private under public private partnerships in the areas of solid waste management and disposal in urban centres, the development of multi-storey parking facilities, and the provision of affordable housing through the re-development of old local authority housing estates.

"The improved management of solid wastes in environmentally sound manner under PPPs will create opportunities for employment and energy co-generation. The development of multi-storey parking facilities will ease parking pressure and congestion in the central business districts," said the statement.

Cabinet said the refurbishment of old local council houses will provide the authorities with revenue generated from their sale or from rental purposes.

Cabinet also passed a number of ratifications on international conventions covering areas such as Customs Procedures, Protection of Underwater Cultural Heritage, and Protection of Cultural Property in Conflict Situations. It also ratified the establishment of the East African Health Research Commission.