KILIFI,Kenya, – The Kenyan Chapter of the International Commission of Jurists (ICJ-K) is championing for Judicial Independence and Accountability in the country, that will facilitate Judicial institutions to properly execute their mandate.
On the sidelines of this year’s Annual Jurists Conference, ICJ Kenya Executive Director Elsy Sainna and Chairperson Protas Saende observed that there was need to review the functions and mechanisms provided by the Judicial Service Commission to advance Judicial accountability.
“There are concerns by jurists themselves that Judicial Independence is becoming a concern.It is increasingly being compromised by justice sector actors but also within the judiciary, the functions and mechanism provided by the judicial service commission needs to be reviewed and relooked so that judicial accountability and independence as envisaged in the constitution 2010 as we had agreed as Kenyans to defend, is advanced and entrenched,” said ICJ Kenya Executive Director Elsy Sainna.
Arms of the government such as the Executive have been accused of interfering with the Judiciary instead of also championing and supporting its independence.
Sainna noted that Jurists provided remedies to the challenges facing the institution, such as executing a complete overhaul and re-auditing of the JSC.
“The mechanism put in place to ensure accountability of judicial officers must be adhered to.One of the roles is to ensure Judges and Magistrates comply with judicial conduct and accountability mechanism,” she said.
On his part, the chairperson of ICJ Kenya Protas Saende said: “We have talked about the Judicial Service Commission. Some have complained about how the commission has handled complaints against judges and magistrates.”
“This is one area that we may need to relook at the processes and procedures followed, and whether they need to be improved and strengthened in order the get proper remedies.” said Saende.
Saende also urged the JSC to follow the proper recruitment process and subject those appointed to the positions of Magistrates and Judges through a vigorous vetting exercise.
He also called for a proper performance review system that will gauge their conduct and decisions.
The remarks from jurists came amid this year’s Annual Jurists Conference whose theme was,”Jurists Reflections on the Trends in Judicial Accountability and Human Rights in Africa.”
“Moreover, International legal instruments recognize and emphasize the importance of judicial independence and accountability. For instance, the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) guarantee everyone equality before the law and a fair hearing by an independent and impartial tribunal.” noted Saende.
The conference also highlighted the relevance of a Human Rights-based framework in addressing topical and contentious issues on sexual and reproductive health and rights in Africa.
