• Olwande is vice president of the Kenya Magistrates and Judges Association (KMJA) and denies reports she is a project.
• She says magistrates and Kadhis need secruity, researchers, legal registrars and legal registrars.
Image: COURTESY
Until her arrest for breaking Covid-19 rules in April this year, many people did know Everlyne Olwande.
Olwande was booked at Embakasi Police Station on April 12 and investigations on offence of contravening Curfew order were commenced.
She was released on cash bail and was to appear in court on April 14 but she was never arraigned in court as expected.
She has told the Star that she did nothing wrong and the facts were misrepresented.
"This was an unfortunate misrepresentation of facts. The truth of the matter is that I did not break any law and that is why the DPP did not prefer any charges against me," said Olwande.
Olwande is one of the five magistrates seeking to replace Emily Ominde at the powerful 11-member Judicial Service Commission.
The Commission is powerful. It appoints judges (except for the CJ and DCJ), handles complaints about judges’ and can initiate removal. It can remove magistrates. More than 500 magistrates will vote in December.
A part from Olwande who is the the Limuru Senior Principal Magistrate, the Shanzu-based Senior Principal Magistrate Florence Macharia, Kiambu's Principal Magistrate Stella Atambo, her Colleague Teressa Nyangena, also a principal magistrate and Senior principal Magistrate Dolphina Alego are i the race.
Olwande is the vice president of the Kenya Magistrates and Judges Association (KMJA) and a member of ICJ-Kenya. She is also a member of the International Commission of Justices and the International Association of Women Judges-Kenya.
“I am an independent and open-minded person with a passion for the institution of the Judiciary, those who serve it and the services it provides to the people of Kenya,” she said.
In an interview with the Star, Olwande called her obsession “happiness”.
"My philosophy in life is don’t be too quick to see evil in anyone, hear evil about anyone or speak evil about anyone because there are always two sides to a story," she said.
The Judiciary has made significant strides over 10 years since the promulgation of the Constitution. However, it faces four main challenges, Olwande said.
Olwande denied being commissioner Emily Ominde’s candidate, as some have suggested. Ominde is the outgoing commissioner.
“I am a not any specific person’s candidate. I made the decision to vie out of my conviction that I can make a difference.”
Does she agree with the view of some people that she is too strict in court and difficult to approach?
“I interpret strictness to mean firmness. I am firm, fair and just. In all the years I have served in this institution, no complaint has been made about my work ethic and court conduct.
"My colleagues, friends and family who interact with me at a personal level know me as a very amiable person. I interact freely with people and the words ‘difficult to approach’ do not even begin to describe who I am.”
Asked about her rivals for the JSC post, Olwande called them colleagues and fellow soldiers in the administration of justice. “We are all good friends and I respect their desire to run for the seat,” she said.
“I believe God loves us and He will give us the right representative to the JSC."
Olwande is married, with three children. “I am a wife, mother, sister and friend. I propose to make time for all aspects of my life.”
She spends time with her family and friends. She loves listening to music and reading, sometimes she watches a movie.
Asked about her reported arrest for violating Covid-19 protocols, Olwande called the report “an unfortunate misrepresentation of facts. The truth is that I did not break any law and that is why the DPP did not prefer any charges.”
Speaking of a legacy, Olwande said she hopes to leave a judiciary that meets the needs and aspirations of all people, a judiciary with a highly motivated staff that leaves Wanjiku smiling, knowing justice has been done.
Here is the full interview.
- Who is Everlyne Olwande?
Everlyne Olwande commonly known as Eve is a woman, a wife, mother, sister and friend.
Professionally I am a Judicial Officer currently serving at Limuru Law Courts as a Senior Principal Magistrate. I also hold the office of Vice President of Kenya Magistrates and Judges Association (KMJA). I am a member of ICJ- Kenya and The International Association of Women Judges-Kenya.
By nature, I am an independent and open minded person with a passion for the institution of the Judiciary, those who serve in it and the services it renders to the people of Kenya.
Happiness is my obsession. My philosophy in life is, don’t be too quick to see evil in anyone, hear evil on anyone or speak evil about anyone because there’s always two sides to a story.
Q: What drives you?
My passion for justice and fairness.
Q: Why are you in the race?
My decision to vie for the JSC seat is capsulated in my campaign slogan “A JSC that cares” with a hashtag #evecares. Having interacted with my colleagues as an Executive Council member of the KMJA and having interacted with the millions of Kenyans whom we serve in the courts for the last 15 years, my assessment is that what we all want at the end of the day is a JSC that cares.
By care I mean care for the institution of the Judiciary, care for the people that serve in the Judiciary and care for the people of this country who every day put their hope in us by filing their cases in court.
From the experience I have gained serving as a Magistrate and also serving in leadership positions in the Judiciary, I know that while a lot of ground has been covered in the transformation of the institution, there is still much to be done.
I am in this race because I care for the issues that face the members of the Judiciary and equally important, for the issues that face consumers of justice in our courts. I care enough to bring these issues to the table.
I will ensure that the voices of the men and women who serve in the Judiciary and the voice of wanjiku are heard in the administration of the institution.
I care for the external stakeholders and the other arms of government with whom we must work hand in hand while ensuring that we remain independent to find lasting solutions to the problems that face our country.
Q: What are the key issues affecting the Judiciary and how do you hope to deal with them if elected?
The Judiciary has made significant strides in the last 10 years since the promulgation of the Constitution. However, there is still work to be done. The challenges facing the Judiciary can be classified into four namely:
1.Strengthening Governance
The JSC plays a crucial role in the administration of Justice. As a member of the Commission I will ensure that I play my role in articulating the issues facing the administration of justice and service delivery. I will also assist in developing and implementing policies that provide a framework for the effective governance of the Judiciary.
2.External Factors
The Judiciary is required to be independent but it is not an island. We need to work with the other arms of government while retaining our decisional and institutional independence. This is a delicate balance that requires careful management. I will propose the setting up of dispute resolution mechanisms that will ensure that stale mates are reduced.
3.Internal Factors
There is no doubt that the JSC has taken significant steps to improve the working conditions in the Judiciary and we are much better today than we were many years ago. However, a lot still needs to be done. Magistrates and Kadhis who are mostly the ones in the first line of interaction with offenders do not have security. Issues of promotions and implementation of the scheme of service still require some work. Judicial Officers need good court administrators, ICT officers, transcribers and court assistants to be efficient.
The subordinate courts bear the heaviest burden in terms of workload in the Judiciary. It is time we considered assigning Deputy Registrars and Legal Researchers for the Magistrates and Kadhis. The salaries and remuneration also ought to be considered.
4.Responsiveness to the Justice needs of Kenyans
Judicial authority is derived from the people. The Judiciary must therefore listen to the voice of the people when making policies affecting the administration of Justice. In the last 4 years the Judiciary has carried out Court Users Satisfaction Surveys to assess the levels of satisfaction that court users experience. In the last survey, 67% of Kenyans were satisfied with the services rendered by the Judiciary. While we have done well, we need to do better. This shall be the starting point as we continue to engage Kenyans in resolving the issues they face in our courts.
Q: Are you Commissioner Ominde’s candidate?
A: I am a not any single or specific persons candidate. I made the decision to vie for this office out of my conviction that I can make a difference. Given the mandate to serve in the Commission, I will serve all Honourable Judges, Magistrates, Kadhis, Judicial staff and the people of Kenya.
Q: How do you respond to claims that you are strict in court and some people would think that you are difficult to approach?
I interpret strictness to mean firmness. I am firm, fair and just. Indeed, in all the years I have served in this institution, no complaint has been made on my work ethic and conduct in court.
My colleagues, friends and family who have had a chance to interact with me at a personal level know me as a very amiable person. I interact freely with people and the words difficult to approach do not even begin to describe the person that I am.
I was elected unopposed to the office of Vice President of KMJA a body that is mandated to protect the independence of the Judiciary and to look into the welfare of its members. After serving my first term, I was humbled to be re-elected unopposed for a second term. This would not have happened if members felt that I was unapproachable.
Q: What do you think of your opponents?
A: My opponents are my colleagues and fellow soldiers in the administration of justice. We are all good friends and I enjoy a cordial relationship with each of them. I respect their desire to run for the seat. I believe that God loves us and He will give us the right representative to the JSC.
Q: Are you married? How many kids? How do you balance work with family?
A: Yes, I am married with 3 children. Everything has its time and place. I am a wife, mother, sister and friend. I purpose to make time for all aspects of my life.
Q: What do you do in your free time?
A: Mostly I spend time with my family and friends. I also love listening to music and reading. I sometimes throw in an occasional movie.
Q: What made you choose a career in law?
A: I did so because I am passionate about justice and fairness.
Could you shed light on the incident concerning your alleged arrest for breaking COVID 19 rules?
A: This was an unfortunate misrepresentation of facts. The truth of the matter is that I did not break any law and that is why the DPP did not prefer any charges against me.
Q: What do you hope to achieve if elected?
I hope to leave a legacy of a Judiciary that is able to meet the needs and aspirations of the people of Kenya as expressed in the Constitution.
A Judiciary manned by highly motivated staff who in turn offer world class services to the public.
A Judiciary that is trusted by wanjiku and whose services wanjiku is pleased with.
Tomorrow we publish Florence Macharia's Interview
(Edited by V. Graham)