Vetting board recommends Judiciary disciplinary tribunal

 The Judges and Magistrates Vetting Board has recommended the formation of an independent disciplinary tribunal to take up its role.

The board made the recommendations in the final report presented to President Uhuru Kenyatta at State House, Nairobi.

Led by its chairman Sharad Rao, the board also recommends a broad structure providing effective access to justice and investment on human capital in the Judiciary.

Rao said the proposed tribunal should work under the Judicial Service Commission (JSC) and should comprise members outside the Judiciary to avoid conflict of interest.

The disciplinary tribunal would receive complaints from members of public on errant judicial officers and make recommendations for appropriate action.

The chairman noted that despite facing challenges and hostility from members of the Judiciary in the initial stages, their work has been appreciated as it has restored confidence to the Judiciary.

The report presented to the Head of State gives details on why and how reforms can be carried out in the Judiciary.

“A lot of confidence has been restored to the Judiciary as a result of the work of the board,” noted Sharad Rao.

President Kenyatta commended the board for conducting its affairs above board.

“You managed to do your job in conformity with your mandate, which is not common in Kenya. You sustained and kept your credibility and nobody has ever challenged your work,” the President said.

He agreed with the board on the need to set up an independent tribunal to continue with the work it has been doing saying the integrity of the Judiciary system underlines the foundation of the society.

The President challenged the Judiciary to be accountable for its work, saying negative perceptions would erode credibility of its rulings.

The board was established in 2011 as part of the Judiciary reform process to determine the suitability of all the Judges and Magistrates who were in office as at the effective date of the Constitution to restore confidence in the Judiciary in accordance with the values and principles set out in the Constitution.