With Kenya Magistrates and Judges Association elections around the corner, candidates are crisscrossing the country, looking for votes from their colleagues.
We sat down with one of the presidential aspirants for the association, senior principal magistrate Derrick Kuto, who gave us insights on what makes the association tick.
Kuto is running against Justice Patrick Ochieng for the position of president of KMJA, and if he wins he will be the first magistrate to occupy the seat, which has been dominated by judges in the past.
Notable former KMJA presidents include the current chief Justice Martha Koome, Supreme Court judge Isaac Lenaola and Justice Fred Ochieng.
Kuto, who is the current secretary general of the association, says he has been in the association for eight years, where he rose through the ranks from regional chair, national treasurer and now secretary general.
On why he is running for KMJA president yet it is the domain of judges, Kuto said their constitution does not bar any member from running for any position.
“It’s not anywhere that the president of the association has to be a judge. Needless to say, previously magistrates have run against judges but they did not win,” Kuto said.
The Kibera magistrate says he is vying because members feel he can do even better as the president.
“What members want is somebody who can articulate their issues. I can say without any fear of contradiction that I have so many judges who have called me to express their support for me,” he said.
Kuto says he has had an opportunity to engage members and to him, it’s not an issue of a magistrate or a judge, adding that his work cuts across. “Where it matters, I have defended judges and magistrates.”
He says he is vying because members feel that because of the fantastic work that he has done in the capacities, mostly as SG, they feel he is an asset in the association, so they urged him to consider running for president.
The members in the association include judges, magistrates and khadhis, who Kuto said KMJA fights for in equal measure.
Kuto said the judicial officers face so many challenges and as an association, they try to come in to bring change.
Our members feel very exposed given the kind of work we do. Every decision you make, people are not happy. It puts us on a collision course with the members of the public
CHALLENGES FACED
Kuto says the first issue they have been advocating is salaries and allowances for judicial officers, which has been a big issue, adding that members feel they have been underpaid for far too long, especially magistrates.
The SRC has never reviewed salaries and allowances for magistrates and kadhis since they came into office, he said, adding that members have been taken for a ride.
“Our members feel very exposed given the kind of work we do. Every decision you make, people are not happy. It puts us on a collision course with members of the public,” he said.
Kuto wants all judicial officers to be provided with security due to the nature of the cases they handle, especially magistrates.
“Look at the kind of cases our members are doing, especially corruption cases. These are powerful people appearing before magistrates but they don’t have security,” he said, adding that judges have security but magistrates and kadhis do not.
The rising number of interdictions among members is another big issue the association is dealing with.
“As the SG, I have been at the forefront in asking our employer not to carry a big stick when there is any contravention,” he said.
Kuto said the Judicial Service Commission should consider various forms of punishment because he feels like the commission has been going for the heavy ones, including suspensions and interdictions.
“We also have warnings. Members can be denied promotions. At the height of suspensions in 2018, we took the bold decision to sue the then Chief Justice David Maraga, and the court found in our favour that the CJ had gone out of his mandate,” he said.
The DCI and DPP have been vicious in going after our members. Case in point, the DCJ was arrested and taken to court. Most recently, the DCI arrested two judges. Magistrate Kagoni was also arrested
RECURRENT ATTACKS
Kuto further said as KMJA, they have also tried as much as possible to shield their members from attacks, especially from members of the public and other institutions.
“The DCI and DPP have been vicious in going after our members. Case in point, the DCJ was arrested and taken to court. Most recently, the DCI arrested two judges. Magistrate Kagoni was also arrested,” he said.
Kuto said by defending judges and magistrates, the association has made members issue independent judgments.
“We believe the independence of the Judiciary and our members cannot be compromised,” he said.
He said he feels like the judges have come under a lot of attack because people do not understand their job description. “We intend to protect the judges because they are doing work based on law.”
Kuto also said they need car grants for magistrates because their salaries cannot allow them to take loans. “They can give us even Sh5 million as a one-off.”
He also wants members to have club membership, where they can go debrief. Because some of the cases they handle wear them down.
“I also feel like the magistrates should be allowed time to rest, more of vacation. We sit in court throughout, we generate rulings, what time do you want those people to write the rulings and judgments?” he said.
Kuto said magistrates and judges carry huge files to go write judgments while on leave or colloquium, arguing that they need time to spend with their families.
“The JSC should come out to defend their employees. We want them to be our first line of defence even before our association, defending our interests,” he said.
INDEPENDENCE INTACT
There has been criticism from members of the public that judges give orders to KMJA because they are under the association.
Kuto refutes this claim, saying that as an association and members of the Judiciary, they live in the rule of law and constitutionalism.
“We believe that all our members took oath of office on appointment to be impartial in their assignment. It is expected that every judge and magistrates will follow certain values, including impartiality, fairness, diligence and commitment,” he said.
Kuto said as an association, they have also lost cases in court, so it’s not correct to say that they always get orders from their members.
“What will those people say about JSC going to court where it appears before its employees? They also lose and sometimes they win, but as KMJA, we go to court because we believe our members are impartial to all irrespective of status,” Kuto said.
On corruption in the Judiciary, Kuto said it all remains a perception, saying their members are not corrupt; they do their work well and they believe in ethics.
However, he said if there are any specifics, then there are channels within the judiciary where they can direct their complaints.
Kuto said he is motivated by the holy scripture, especially the section that states service of mankind is service to God.
The magistrate is married and has five children: four boys and one girl.
“They are my pillar and drive me to work hard to provide for them,” he said.
Kuto thanked judicial officers for the wonderful job they are doing selflessly despite the challenges they are facing.
Edited by T Jalio
