• The ombudsman will be nominated by the President with the approval of the National Assembly. The tenure of the office holder will being five years.
• Election petitions other than for presidential election will terminate at the Court of Appeal.
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The Building Bridges Initiative proposes radical changes in the administration of justice with the creation of an independent office of the Judiciary Ombudsman.
The ombudsman will be nominated by the President with the approval of the National Assembly. The tenure of the office holder will be five years.
Among the duties envisaged include receiving and conducting inquiries into complaints against judges, registrars, magistrates and other judicial officers and staff of the Judiciary.
The office will be tasked with engaging the public on the role and performance of the Judiciary and also improve transparency and accountability of the courts.
“The qualifications for appointment as the judiciary ombudsman are the same as for the appointment as a judge of the Supreme Court,” the Constitution Amendment Bill, 2020 reads.
The office holder will be barred from investigating matters pending before any court or tribunal.
“The judiciary ombudsman shall hold office for a single term of five years and is not eligible for re-appointment,” the Bill reads.
The BBI also proposes that the Constitution be amended to tie the tenure of deputy chief justices to the 10 years provided for Chief Justice.
If a DCJ's 10-year term ends, they would therefore be ordinary members of the Supreme Court.
The BBI has sought to limit the tenure of members of the Judicial Service Commission to a single term of five years.
To avert instances of conflict of interest in the JSC, members of the commission will not practise in courts and tribunals during their terms.
Kenyans also agreed with the proposal to expand the mandate of the JSC to discipline judges.
As such, the commission’s task to investigate and discipline judges by warning, reprimanding or suspending a judge will be specified in the Constitution.
BBI is also seeking to raise the bar for persons seeking to join the seven-member bench of the Supreme Court.
The Chief Justice and other judges of the Supreme Court will be required to have at least 20 years experience as a superior court judge.
Twenty years experience – from the current 15 years – as a scholar or legal practitioner would also suffice.
Court of Appeal judges will be required to have 15 years of experience from the current 10.
BBI also seeks to provide that the president of the Court of Appeal be elected by the judges of the Court of Appeal from among themselves. He or she shall hold office for a single term of five years.
The same will apply for the principal judge of the High Court, who will be elected by the judges of the High Court from among themselves.
Election petitions other than those challenging a presidential election will terminate at the Court of Appeal.
“A determination by the Court of Appeal on an appeal relating to a petition concerning an election, other than a presidential election, is final,” the Bill reads.
The Garissa Senator Yusuf Haji-led BBI task force reported that Kenyans also sought the establishment of special courts.
They said this will help “address the increasing volume of cases and special crimes, such as corruption and terrorism”.
- mwaniki fm