Former Law Society of Kenya (LSK) President Nelson Havi has called out the judiciary’s adherence to the doctrine of decisional independence, claiming it has fostered corruption among judges and magistrates.
Havi accused Chief Justice Martha Koome of using the doctrine to shield judicial officers from accountability.
“The concept of decisional independence, as conceptualised by the Chief Justice, holds that complaints against decisions by judges or magistrates can only be addressed through appeals. This ensures that any grievances filed with the Judicial Service Commission (JSC) are dismissed under the guise of decisional independence,” Havi said on Spice FM on Monday, December 23.
The former LSK boss argued that this doctrine has granted judicial officers immunity, enabling unethical conduct.
“Decisional independence is a flawed doctrine. It is the reason corruption has become so endemic in the judiciary.”
He also alleged that the Chief Justice has manipulated the structure of the JSC to protect corrupt judges and magistrates.
When asked whether his criticism stemmed from a personal vendetta against CJ Koome, Havi denied the accusation.
“I have no evidence or claims of corruption or bribery against CJ Koome. My concern is her tolerance for corruption within the judiciary,” he said.
The judiciary has recently faced scrutiny, with senior lawyers, including Havi, calling for CJ Koome’s resignation and a comprehensive overhaul of judges over allegations of corruption and misconduct.
Responding to Koome’s assertion that some criticisms are rooted in gender bias, Havi urged LSK President Faith Odhiambo to take decisive action.
“It’s the right time for President Faith to follow the example of past LSK leaders. She should mobilize advocates to march from the Law Society of Kenya offices to the Milimani Commercial Court and the Supreme Court to present a petition outlining CJ Koome’s failures,” said Havi.
Havi wants the petition to highlight endemic corruption, delays in case determination, and demand CJ Koome’s immediate resignation.
He also proposed that judges and magistrates undergo vetting every five years to enhance accountability.
Vowing to fight corruption in the judiciary, Havi pledged to compile a list of judges with pending complaints before the JSC.
He warned that those who refuse to resign would face tribunals and risk forfeiting property acquired illegally during their tenure.
