Who forgot to devolve the Judiciary?

November 25, 2009 by · Leave a Comment 

Chapter 13: Judiciary

scales-of-justiceThis chapter has been a lot like stubbing in the dark for me… While reading it, it’s apparent that there is a lot about our judicial System that I did not know, therefore can not make a comparison or claim any improvement in this Draft.

Despite this limitation on my part, I have come across same clauses that spell out accountability.

For instance. According to the Seventh Schedule (Article 312) Transitional and Consequential Provisions, there shall be an interim Judicial service set up within 30 days of enacting the new Laws. This Service will vet all judges interested in retaining their Jobs. All those who will be cleared of corruption Judges will continue with their Tenure. Of note also, is the fact that the Chief Justice will be barred from holding office for more than 10 Years and may not serve past the Age of 70 Years.

Firing of corrupt and ineffective Judges will no longer be a reserved duty of the president alone. An act of parliament would also suffice in riding the country of these types of judges. This is especially welcome, and should see Parliament have what it takes to institute judicial reforms.

Though a lot that has been included is good, there is one issue that seems like a gross an glaring omission in the draft. The fact that there is no mention of County and Regional Courts to go along with the County and Regional Executives and Assemblies. No regional Attorney Generals or County Attorneys have been mentioned in the draft.

The whole idea of having a Devolved is so as to bring government closer to the Mwananchi.  Not only to bring the Executive and the Legislative governance to the people, but also the Judiciary.

I think our Experts overlooked this issue, due to the fact that they were too busy listen to interest groups and politicians. Had jurisprudence guided them on this issue, I think they would have come to the realization that the legal needs of a Nomadic people in the arid North of the country would not be the same as those of the Coastal people. They therefore should have sought to establish Local County Courts that would specialize in a people’s needs.

About King'ori
Sillicon Valley Techie / Community Organizer / Activist. I dream of a day when the East African Federation shall become a reality!

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