RELIABLE ARBITER

JSC agrees to hire 26 judges to handle polls disputes

Koome says they anticipate petitions arising from the election to rise.

In Summary

•Koome had said the judiciary was preparing itself to be a reliable arbiter and inspire confidence in its independence to deal with any conflict as per the law.

• Twenty of the judges to be hired will serve in the High Court. The remaining six will sit in the Court of Appeal.

Chief Justice Martha Koome at a past event.
Chief Justice Martha Koome at a past event.
Image: FILE

The Judicial Service Commission has finally agreed to hire 26 judges to handle disputes that may arise from the August 9 elections.

Chief Justice Martha Koome on Friday published the call for application of the slots in the special Kenya Gazette.

Twenty of the judges to be hired will serve in the High Court. The remaining six will be in the Court of Appeal.

Koome on Thursday told the National Assembly’s committees on Budgeting and Appropriation, Justice and Legal Affairs, and Public Accounts in Mombasa that the Judiciary anticipates petitions arising from the election to rise.

She said the courts resolved 189 petitions arising from the 2013 election. The number doubled to 388 in 2017.

“Considering the unique nature of the current election cycle where there is the first change-over for governors, the number of petitions is expected to rise,” she told the lawmakers.

Koome had said the Judiciary was preparing itself to be a reliable arbiter and to inspire confidence in its independence to deal with any conflict as per the law.

But the decision by the commission was not without contestation. It emerged that a meeting by the commission on February 25 to discuss the matter failed to agree.

Sources close to the commission, who did not want to be named due to the sensitivity of the matter, said some members were pushing for hiring of 15 judges from one region of the country.

Some members mounted spirited opposition to the proposal, arguing that the move would open the process to litigation and undermine public confidence in the Judiciary.

Some wanted to see more judges recruited from certain regions, which is contrary to the law. It was rejected and the meeting ended,” a source told the Star.

Another meeting to discuss the matter was slated. Publishing of the call suggests that some consensus has been forged. But it is not clear whether the question of regional balance has been resolved.

The country is experiencing a shortage of judges in the High Court and the Court of Appeal.  

This has affected the delivery of service at the Judiciary, hence the need for recruitment. Lawyers complain that the shortage of judges is to blame for the backlog of cases.

According to the notice, the recruited appeals judges will earn a minimum of Sh689,224 and maximum of Sh1,156,108 besides allowances and benefits. Candidates must have at least 10 years of experience as a superior judge, as a distinguished legal practitioner or as an academic for the same period of time.

The recruited High Court judges will earn a minimum of Sh657,426 and a maximum of Sh1,000,974 excluding benefits and allowances.

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