Opinion & Analysis

Let’s not rush to condemn deputy CJ

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Nancy Baraza during the vetting by MPs at County Hall in Nairobi, June 7th, 2011.

The Judicial Service Commission (JSC) has recommended the suspension of Deputy Chief Justice Nancy Baraza (pictured) following a confrontation between her and a security guard at the Village Market shopping mall in Nairobi. 

By Victor Bwire  (email the author)
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Posted  Monday, January 9  2012 at  21:01

The debate over Deputy Chief Justice Nancy Baraza’s run-in with a Village Market security guard highlights hurdles facing custodians of the country’s reform process.

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The new constitutional dispensation lays down a framework for running legal affairs and places demands on holders of public office in the country, but a lot more will be achieved through institutionalisation of the reform process.

Emotional reactions and a mob justice approach to dealing with issues will not work.

The new Constitution does not state that Kenyans should be led by perfect people, but it puts in place institutional safeguards to ensure good behaviour and service delivery.

To imagine that every mistake that public officials commit, both in office and social places, must be followed by resignation or harassment will not make us realise our collective reform dream.

To measure our success in terms of the number of perfect public officials in office is a fallacy.

How many drivers, bodyguards, and other support staff attached to senior government officials suffer silently because of being misused, over worked, and harassed?

How many of the staff seconded to our senior public officials are trained in VIP protection, customer care and related issues?

It has become a norm that once somebody is appointed to a senior office, one is allowed to pick drivers, bodyguards, and other staff.

Often, such senior officials end up picking their village mates and relatives, not because they qualify but because they are known to them. I am sure that a trained officer in VIP protection will not release firearm to the boss under whatever conditions.

It’s mandatory whenever the government employs officers that they undergo some training and orientation to prepare them for new responsibilities.

We have moved with speed as required by the new Constitution to fill high positions, but a number issues remain unchanged.

We have changed individuals running several institutions in the country, but the institutional structures remain largely unchanged.
In fact the technocrats, who are the main engines behind institutions dealing with public issues, remain the same.

Going through names of people filling senior positions in the new institutions, one is reminded of who was who in the provincial administration, military, police, ministries, and foreign service in past governments.

Most of the staff at the recently created secretariats are former senior civil servants.

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