EXPERIENCE OVERLOOKED

Magistrates protest method used to pick new judges

JSC recommended names to President Uhuru

In Summary

• KJMA says It is the responsibility of the employer to nurture, inspire and motivate the employees. One way to motivate is through career progression

• That the fact that out of the 30 slots, only four magistrates were nominated for appointment has the general effect of lowering the morale of judicial officers

JSC led by Chief Justice David Naraga during a press conference where he warned politicians against attacking the judiciary in 2017.
JSC led by Chief Justice David Naraga during a press conference where he warned politicians against attacking the judiciary in 2017.
Image: FILE

The Kenya Judges and Magistrates Association has protested the manner in which the Judicial Service Commission picked new judges.

The lobby said magistrates who have been in the service for long were overlooked and were given a few slots.

On Tuesday, the JSC recommended to President Uhuru Kenyatta names of 10 judges to be appointed to the Labour Relations Court and 20 to the Environment Court.

Chief Justice David Maraga, who chairs the JSC said 229 applications were received for the Environment Court positions and 160 for the Labour Court following a vacancy announced on February 22.

Consequently, 63 and 29 applicants were shortlisted for the Environment and Labour court positions, respectively.

The assciation's secretary general Derrick Kuto, in the protest letter dated August 15, said the decision to overlook the magistrates can demoralise court officers.

“It is the responsibility of the employer to nurture, inspire and motivate the employees. One way to motivate is through career progression. As things stand, the legitimate expectations of the judicial officers in respect to career progression is in jeopardy,” he said.

Kuto said commission should have followed the previous trends where certain percentages were reserved for magistrates.

“The fact that out of the 30 slots, only four magistrates were nominated for appointment has the general effect of lowering the morale of judicial officers who have put in many years of hard work, diligence and sacrifice. Some of them have enviable academic and professional qualifications,” he said.

Kuto said the shortlisting criteria of magistrates should be considered based on minimum qualifications. He said that the method that was used is prejudicial to serving magistrates who are qualified, competent and eligible.

“It is against this background that we urge the commission to consider and take into account these legitimate concerns in future appointments,” he said.

The Environment Court is of the same status as the High Court and currently has 33 judges who sit in 26 counties. The Labour Court is also of the same status as the High Court.

The successful applicants for the Labour Court jobs include: Jacob Kariuki, Christine Baari, Jemimah Wanza, Annah Ngibuini, Bernard Matanga and Stella Rutto.

Others are Kebira Ocharo, Harrison Ogweno, Agnes Kitiku and David Nderitu.

For the Environment Court, the judges recommended are Joseph Oguttu Mboya, Lucas Naikuni, Michael Mwanyale, Evans Makori, Eda Dena, Lilian Kimani and Joseph Kamau.

Others are Karoph Wabwoto, Anne Yatich, Maxwell Gicheru, Anne Mogeni, Fred Nyagaka, Christopher Kyania and David Mugo.

Judith Cheruiyot, Lynette Omollo, Emmanuel Washe, Annet Nyukuri, Theresa Murigi and Esther Asati have also been recommended for the job.


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