- To ensure a good relationship with the other two co-equal arms of government, she recommended an arbitration body to resolve stalemates and misunderstandings. '
- She said the current set up does not provide a dispute resolution mechanism.
Chief Justice nominee Martha Koome has pledged to restore harmony and end bad blood among the Judiciary, the Executive and Parliament.
Koome, who is on the brink of making history as the first woman CJ, on Thursday also warned corrupt elements in the Judiciary that she will make examples of them to warn others.
The Court of Appeal judge made the comments while being vetted by the National Assembly’s Justice and Legal Affairs Committee.
She gave the impression of a person out to chart a new path, away from the one taken by her predecessor, Chief Justice David Maraga.
The Judiciary had been on a collision course with both the Legislature and Executive during Maraga’s tenure. At one point, the CJ had advised President Uhuru Kenyatta to dissolve Parliament for failing to implement the two-third gender rule, a constitutional requirement.
Maraga also had strained relations with Executive since the historic invalidation of the 2017 presidential election. President Kenyatta denounced the court as "wakora" and said he would revisit and fix the problem of the Judiciary.
In this strained working environment, Koome told MPs she would seek to improve relations without compromising the independence of the Judiciary.
Koome called for a legislative intervention to create an arbitration body that resolves stalemates and misunderstandings in good time.
She said the current set up does not provide a dispute resolution mechanism in case of conflict.
She urged MPs to consider coming up with a bill to create an arbitration body.
"There is no organ to help us with the stalemates. We should work together on a bill to create an organ to enhance working relationships and in case of stalemate deal with it," Koome said.
"I am very good at negotiations and a peacemaker; I will employ all my skills."
Koome said corruption will not only be a thing of the past under her watch but will use some of the staff involved to set an example that Judiciary does not condone corrupt practices.
“No member of the public should pay a judiciary official in order to get service because we are paid to provide the services,” she said adding that DCI and EACC will be involved in the fight to make Judiciary corruption free.
The nominee was also confronted with the question on ethnic composition of the three arms which is currently under the grip of persons from one region.
Kisumu Town West MP Olago Aluoch raised concerns that the nomination of Koome does not reflect the face of Kenya especially with regard to the leadership of the three critical arms of the government.
“Does it bother your conscience that if you are recommended by this committee and approved by Parliament and appointed, then all three organs of the government will end up being led by persons coming from one region commonly known as the mountain?” Olago posed.
But in her response, Koome said she won her nomination through merit and that gender or ethnicity should not block her way as she had no choice on her birth place.
“I come from Meru county. My ethnicity is Meru. I did not choose to be born there. But for the 33 years that I have worked, I chose to serve Kenyans,” she said.
She told the committee that she has served Kenyans equally including representing opposition leader Raila Odinga as lead lawyer when he was detained without trial by the late President Daniel Moi’s administration.
“I serve Kenyans with absolute commitment from the depth of my heart and my gender or where I come from does not come in my way.”
In yet another demonstration of a departure from her predecessor, Koome said she will have no issue appearing before House Committees, something that Maraga did not do during his five years at the helm.
The Justice committee that is chaired by Kangema MP Muturi Kigano received four affidavits challenging the nomination of Koome and seven others in support of the former FIDA chairperson nomination to succeed Maraga.
On BBI proposal to create a Judiciary Ombudsman, Koome told the Committee that she is open to any intervention that will ensure accountable and efficient Judiciary.
The committee is retreating for two days – Saturday and Sunday – to compile the report which according to Kigano will be ready by next week for onward transmission to Speaker Justin Muturi.
Ends……