The Law Society of Kenya has rejected the BBI proposal for a Judiciary ombudsman to be appointed by the President.
LSK president Nelson Havi on Tuesday told the Star lawyers will lobby for the proposal to be rejected in Parliament or at the referendum.
He said they will challenge any legislation enacted to implement the unconstitutional proposal.
Havi said it's clear that the role of the ombudsman will be to inspect judicial officers with the aim of intimidating and castigating judges.
"We will in essence have a silent executor whose work is to collect gossip and rumours to railroad judges. We will not allow that," he said.
The BBI report that was launched at the Bomas of Kenya on Monday proposes changes in the administration of justice with the creation of the office of 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.
But there currently exists an ombudsman's office held by the Deputy Chief Justice. It is as an administrative office under Chief Justice David Maraga.
It's mandated to enhance public confidence and enhance transparency and accountability. The office receives and processes complaints from members of the public against judicial officers.
Advocate Charles Kanjama said the problem with the BBI proposal is the President as the appointing authority and if placed in the Constitution, it will dilute the powers of the Judicial Service Commission.
"If it has to be in the Constitution, it should be made clear that it is JSC to appoint and not the President. It should also be clear that it does not take part of the job from JSC," he said.
During the launch on Monday, Deputy President William Ruto said if the BBI report is adopted as it is, it will interfere with the independence of the Judiciary.
The BBI also seeks to raise the bar for the seven-member bench of the Supreme Court. The Chief Justice and other judges must have at least 20 years experience as a superior court judge. But Havi said the recommendation is unnecessary.
"A legal practitioner is least active past 30 years in practice. Let it be fifteen years maximum and 10 years minimum. I also encourage the need to have youthful judges," he said.
Edited by Henry Makori
