Kenya Judges, magistrates warn MPs over threats

By LILLIAN ALUANGA-DELVAUX

Nairobi, Kenya: Kenya Magistrates and Judges Association (KMJA) has voiced concern over threats to the Judiciary’s independence. The comments come just days after the sacking of Chief Registrar Gladys Shollei.

Speaking during the association’s Annual General Conference in Nairobi, KMJA President Justice Martha Koome said members were bothered by routine threats made by parliament to summon the Chief Justice, Dr Willy Mutunga as well the ‘hacking and doctoring of his e-mails and using the criminally obtained information with impunity.’

“We are wondering whether to continue using technology that the judiciary has heavily invested in or return to our analogical way of doing our work. If the privacy of the Chief Justice can be intruded, how about our members?

      Judiciary privacy

How about the privacy of our work which is key to maintaining our integrity and independence? Who is hacking and doctoring the Chief Justice’s emails?” she posed.

The media was recently awash with reports of correspondence between the CJ and judicial staff on an alleged plot to remove Shollei, from office.

Mutunga later complained that his e-mail account had been hacked and that the Judiciary had started investigation into the matter.

During the conference themed ‘The Aftermath of Judging in the Context of Socio-Economic Development’, Koome cited threats made by Parliament to summon the Chief Justice. “We are worried when Parliament routinely threatens to summon the Honourable Chief Justice to Parliament. The Judiciary is independent and we are afraid that we judges, magistrates and kadhis may be summoned by Parliament or Executive to be interrogated regarding our work,” said the Court of Appeal judge.

Koome said KMJA had steered clear the drama between the former Chief Registrar of the Judiciary and JSC because “we are independent and do not have an opinion until the parties come to our courts”. “When they (parties) do come to our courts, we shall make a determination after hearing both sides,” she said.

   Adjudicating on disputes

The Court of Appeal judge also said it was important for the public to know that it was the magistrates, khadhis and other tribunals who adjudicate on disputes and administer justice and not the office of the Chief Registrar of the Judiciary.

“The Chief Registrar of the Judiciary does not preside over any court. There are over 120 court stations that are manned by over 600 judicial officers and they are located in all the corners of this country,” she said.