SPEECH - INDUCTION HIGH NEW JUDGES.pdf - The Judiciary

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I see Chapter 6 and the legislation under it bringing in litigation that will call upon you to decide on issues that raise much political heat. Besides election petition there will be many cases under this Chapter urging you to disqualify individuals from holding any other State office. To my mind you be called upon to decide on issues of probity in public office whether elective or appointive. You will participate in the quest for alternative political leadership in the country as a consequence of implementing Chapter 6. We need to reflect on security issues that will be faced as implement the new constitution. Changing the face and image of the new judiciary You are the first judges in Kenya to be appointed after public interviews conducted by JSC. Kenyans were asked to participate in your recruitment. The provisions of Chapter 6 of the constitution and the values and principles laid out in Article 10 and other values provided for in various provisions of the constitution. You can claim your appointment complied with the provisions of Art 159 as your judicial authority and appointment was derived from the people themselves. In the eyes of the Kenyan public you represent the face of the new judiciary they wish to see. The expectations are astronomical. You will be subjected to pretty high standards of ethics and interest that will be monitored through consistent and continuous public scrutiny. The trust bestowed on you by the public must never be abused. You are the cornerstones of a transformative judiciary. Divisions are rampant in the Judiciary 2
It is common knowledge that divisions (ethnic, religious, gender, region, generation, race, nepotism, cultural and status) exist in the judiciary. I hope none of you has been recruited into any of these divisions. The JSC and I are committed to creating a patriotic judiciary that sees our nation as bigger than any sectarianism. We will not hesitate to take disciplinary action to eradicate these divisions. In my view such divisions constitute such either gross misconduct or misbehavior under Article 168 of the constitution. The role of the JSC You have all encountered the new and expanded JSC representing respective interests in the judiciary, LSK, the Public Service Commission and the public at large. The CJ in JSC is no longer the unaccountable judicial monarch of the old constitution. The JSC is a realistic organ of recruitment, discipline, and oversight over the judiciary as mandated by the constitution and the relevant statute. Through its committees it will make sure that the administrative arm of the judiciary serves the judicial one while creating governance structures that modernize, democratize and decentralize the judiciary. The JSC will make sure that the new structure of the judiciary of the constitution is harmonized and synergized through proper management by decentralized leaderships. The JSC has the will to implement all reforms that the judiciary has recommended in the past. It will also protect the judiciary, agitate for better terms for the judiciary, and ensure the security of every judicial officer and paralegal. The JSC will play its pivotal role in ensuring the decisional and institutional independence of the judiciary is guaranteed and it will conduct a consistent and continuous dialogue with judicial officers and paralegals. It will oversee access to justice all over the country. You have in the JSC a very able, effective, very learned and 3
Page 1: Address to new Judges Chief Justice
Page 5 and 6: I do not expect the judiciary to be
Page 7: I am convinced that a critical benc

SPEECH - INDUCTION HIGH NEW JUDGES.pdf - The Judiciary

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