Her slogan is 'fit to serve' and she considers herself a missionary for justice, serving with humility.
Though a career in law was not her first choice, magistrate Florence Macharia has come to love it and is so passionate about being the voice of the oppressed in society.
“As a matter of fact, law was never my choice. As I grew up, my dreams were to become a doctor. I still have lots of interests in forensic medicine,” said the magistrate.
Macharia is one of the five magistrates seeking to replace Emily Ominde at the powerful 11-member Judicial Service Commission (JSC).
The commission recommends names for appointment by the President as judges, including Chief Justice and Deputy Chief Justice. In the case of the CJ and the DCJ, the National Assembly Justice and Legal Affairs Committee has to discuss the suitability of nominees before they can be appointed.
The JSC also handles complaints about judges and can initiate removal. It can also remove magistrates.
Macharia is campaigning for the upcoming election of a member to represent magistrates at the JSC. More than 500 magistrates will vote in December.
Other contestants are Limuru senior principal magistrate Everlyne Olwande, Kiambu's principal magistrate Stella Atambo and her colleague Teressa Nyangena, also a principal magistrate, and senior principal magistrate Dolphina Alego.
Macharia missed admission to School of Medicine by one point.
“I had met the qualifications for admission to Law school or study civil engineering. Law was the lesser evil,” she said in an interview with the Star.
However, with time law grew on her and she developed a love for it.
“I came to love and appreciate my law studies and I knew what I wanted to be after law school. That is to join the Judiciary as a judicial officer. This was motivated by the fact that I wanted to be the voice of the oppressed and the vulnerable who had limited access to justice.”
She draws satisfaction from the knowledge that she is somebody’s answered prayer through her decision.
“My best feeling as a judicial officer is knowing that I have been somebody’s answered prayer through my decision, and that decision must be transformative that will change our clients’ narrative to the better.”
However, one case in which she feels the justice system failed a one-year-old child remains etched in her memory. She narrated how she cried immediately after delivering her judgment, setting free the accused person in the case because of lack of evidence. It haunts her to date.
"My worst experience is when the criminal justice system has failed a victim who has come to the court for justice, and I fail to deliver that justice,” she said.
A sexual offence victim’s case was so poorly investigated and exhibits poorly handled and tampered with.
The child who was one-year-old then had to undergo several operations as she had suffered severe damage. There was no evidence to convict.
“I remember I cried after delivering my judgment, acquitting the accused who was a close relative to the child. I feel the justice system failed that child. That haunts me to date,” said the magistrate.
The election will be held in December after the term of magistrate Emily Ominde comes to an end.
Macharia, who is married for the last 20 years, says her family comes first. “That is my support system in my career endeavours. They are the motivation behind my success,” she said.
Talking about her three children, she had this to say: “My children believe that I am a ‘Super Mama’. They inspire me to aim higher and become the best of me. I am their role model. They are my best critics.”
However, Macharia says she is going to give her best in representing her colleagues.
“My commitment and key priority are to be your voice and to convincingly champion issues regarding our welfare as judicial officers,” she said.
She has worked in the Judiciary for the last 15 years and is currently the head of Shanzu law courts. Prior to joining the Judiciary, she worked at the Office of the Attorney General.
Macharia studied law at the University of Nairobi and later proceeded to the University of South Africa for her Master of Laws programme.
“This is where I first came across and adopted the legal culture that is ‘policy-oriented and consequentialist’ as opposed to ‘technicist, literal and rule-bound’. This has a great influence on how I interpret and apply the law in my decisions as a judicial officer,” she said.
Here is the full interview
Q1: Why do you want the position?
I have been in the Judiciary for the last 15 years and that is long enough for me to make a comparison of where we have come from, where we are and where we should be headed. I have been part of the Judiciary transformation process. I’m grateful to those who laid the foundation for the road ahead. I’m in this race together with other competent candidates. I have great team player capabilities and lobbying skills that will make me create a good rapport with my fellow commissioners to midwife and champion the changes that we so desire in the Judiciary and serve the interests of fellow judicial officers.
Magistrates are looking for a JSC that listens to them and provides them with tools and an environment to do their work effectively, efficiently and without fear or favour.
As judicial officers, we want a representative to push our agenda as the JSC delivers its mandate. I understand the task ahead, and I am ready to commit myself to this unreservedly.
Q2: How do you hope to change things?
I will rely on my networking and excellent interpersonal skills to convince my fellow commissioners to ensure our agenda is adopted. I will remain accessible to my colleagues and create forums in which I will always give periodical updates regarding the execution of my mandate.
Further, I shall advocate a cordial relationship with the other arms of government through constructive dialogue, but at the same time maintain judicial independence. This way, if an issue that concerns us but not within our powers to make decisions touching on them, we can get solutions before conflicts arise.
Q3: What do you want to achieve?
The Constitution allows magistrates’ representatives to serve for two terms of five years. I intend to serve one term and will not seek reelection to make room for new ideas. During my tenure, I intend to achieve the following:
Salary and remuneration – We need a salary and remuneration process that is not only fair but also seen to be fair. As your representative in the JSC, I will advocate a salary review and remuneration process that is more transparent so that magistrates are clear of their career and growth path.
Fairness in the disciplinary process – We need to ensure the judicial process gives officers a chance for a fair hearing and a fair outcome. Secondly, not all cases need to be handled by the JSC. We have peer review mechanisms that can handle less serious cases.
Security – Magistrates have expressed a need for enhanced security so that they can do their work and not live in fear. Magistrates’ lives matter too.
Medical insurance – We need a medical insurance cover that is straight forward and works well for all our dependents. A lot needs to be improved on our current medical cover.
I will strive to have every judicial officer accorded equal opportunity in career growth and talent promotion. As regards disciplinary proceedings against magistrates, previously the same has taken a considerably long period to settle. However, the court has held that inordinate delay in resolving the same amounts to inhuman treatment. I will, therefore, push for a policy on the time frame within which disciplinary proceedings will have to be dealt with.
Q4: What will you do to improve the welfare of magistrates?
On matters salary, as at the end of the 2017-18 FY, there were a total of 553,187 cases pending in our courts. Out of these, 74 per cent were being handled in the magistrates’ court. At that time there were roughly 450 magistrates and additional 40 were hired in 2019. The number of cases keeps rising.
The remuneration for magistrates, just like any other government employees, is set by the SRC. The pay was last reviewed in 2017. Compared to our peers in other sectors of government, we are underpaid and this concern has been shared by the JSC.
The issue of salary is a top priority that I will tackle when given the opportunity to serve. We should not have the magistrates having option ‘B’s. The Judiciary should be the employer of choice, with highly motivated employees.
I am committed to making the terms and conditions of the magistrates very attractive that even if one was to retire from service as a magistrate, there will still be the employee satisfaction. The privileges being enjoyed by our colleagues in the superior courts, the same can be enjoyed by the magistrates too.
On matters of security, the magistrates deal with some of the most dangerous people in society. We are left exposed as we live within the same society. It is risky when you handle a serious corruption matter, terrorism or drug matter then proceed home as if you had a normal day just like anybody else.
Security for magistrates and their family members is a growing concern. We have had instances where magistrates and their loved ones have been the target for attacks. This is where divine protection comes into play. As much as God is doing his part, we also have a part to play by ensuring that security is guaranteed to all the judicial officers irrespective of rank.
Unlike judges, magistrates are not allocated any security despite dealing with serious matters like corruption, terrorism and narcotic-related cases. However, as stated above, there is a judgment compelling the JSC to provide security or pay security allowance to magistrates. I will lobby fellow commissioners to ensure that the JSC and the SRC come up with a way of implementing the judgment.
Q5: What is your strength?
Honesty and integrity are my greatest strengths. As a JSC rep, I shall hold myself accountable for every decision made and the needs of the judicial officers and every Judiciary employee shall be of paramount importance. Everybody in the Judiciary matters.
I have given my word of honour which I am bound to. This is in my manifesto where matters of welfare are given priority. I also believe in mentorship. I have always taken it upon myself to be a mentor to the people that I work with, and as a team player, I lead by example. My track record in the Judiciary for the last 15 years will speak for me.
Q6: How do you balance family and work?
I have established boundaries between my family and work. Each is given the attention it deserves without compromising the other. In addition, we still have the demands from society, extended family issues and ordinary life hustles. All these take our time and energy. Priorities have to be set based on values.
I never forget to take time for myself. I call it my ‘Me Time’ and which I always encourage my colleagues to have. When you take care of yourself, you will be able to take care of your loved ones, deal with the challenges from our work-related busy schedules and the pressures of life.
I need to mention that my family is my greatest support system. They motivate me to give my best as they understand that work is important. They are in support of my bid to be the next JSC representative.
Q7: Who is your role model?
The late Wangari Maathai. I am a Wangari too. She represents resilience. Despite her personal challenges, she was able to overcome and make an impact that earned her global recognition.
Q8: What is your favourite pastime activity?
Appreciating what nature has to offer. I find nature therapeutic. Spending time with family and friends and just talking about life and taking it easy.
Tomorrow we feature Dolphina Alego
