CONSTITUTION OF KENYA REVIEW ... - ConstitutionNet

14
So the Judiciary is a very important arm nariu yenyewe angikoruo ndirahota kumanage the constitution no turute wira wa bure
nikio riu suggestions cirari ati, first of all maheo opportunity, option ya ku-retire, na maheyo package mundu ainuke. Akorwo
ndekwenda ku-retire, then athie through what we are calling the leadership code, and I want you to see the leadership code, at
the end of this document the 5 th schedule page 44, it is a leadership code ya andu aria other megukoruo magitongoria. Ni
President kana ni Vice President kana ni Judge, kana ni constitutional officers kana ni Permanent Secretaries; tondu kwanja
nimaratuika nimagiriire ku-declare wealth yao na ya ciana ciao iria below the age of 18 tondu kuu nikuo indo ihithaguo
uka-register na mwana wa miaka ikumi kana wa miaka 11. So they can go through the leadership code iyo, wona ma declare
ni Ethics and Integrity Commission, ma declare yo matiri na problem ya corruption, then they can continue. No riu angikoruo
ndukwenda gukorwo wi subjected to this code, riu no uki-decide gugithii na niukurihuo all the benefits.
People are also saying that tu-reduce age ya retirement ya Judges, tondu ma-retire at the age of 74, and we propose that they
retire at the age of 65, and they are very much opposed to that. Igotinii ni tu-establish the Supreme Court no mwone page 23,
turi na Supreme Court, na iria ingi turatwariri to the supreme level is the Kadhi’s court – igoti ria ithiramu. Ningi nitucinjitie
uhoro wa appointment of judges on the next page, page 24 na turoiga riu Judges matigage ku-appointwa ni Head of State –
nimurona haria twandikite appointment of Judges, na tukoiga ati when there is a vacancy in the office of Chief Justice the most
senior Judge be the Supreme of court, by reference to the date of appointment he shall be appointed the Chief Justice. Riu
nigetha mundu agatigaga kurutwo ukuria arutwo nigetha a rewardwo, judges ma ka appointwo kuringana na seniority yao
kwoguo ni harikoragwo na opportunity ya ku-feel that the promotion will be fair. Tondu angikorwo you have been rising the
ladder then it is possible that you can be an effective Chief Justice.
Now, the next one we are saying that when there is a vacancy in the office of the President or the Court of Appeal, the most
senior Judge in the Court of Appeal by reference to the date of appointment shall be the President of the Court of Appeal. We
don’t have to go looking anywhere nu ugutuika Judge. Na riu mundu uria ugutuika Judge no nginya angibehave wega so that
when the opportunity arises there can be fair appointment.
The next one tukoiga the other Judges, number 4, of the superior court of record and the Chief Kadhi shall be appointed by the
President acting in accordance to the advice of the Judicial Service Commission and with the approval of the National Council.
Kwoguo riu the power has been taken away from the President, to appoint the Judges. Kwoguo riu Judicial Service
Commission ika-recommend Judge, ritwa riake rigatwarwo kwi National Council, wona ma approve then the President can
now appoint. But he cannot appoint on his own, nomuhaka recommendations ciume kuma Judicial Service Commission,
through the National Council to the President.
Now one of the problems twinacio ni qualifications cia Judges. Like it has been said many times in the papers, many of them
are not qualified and we are saying that they must be qualified to become Judges, and we retain the tenure of the office of
Judges but we reduce their age. Ok