Vetting board says finding corrupt judges a headache

The Judges and Magistrates Vetting Board has been unable to find any of the judicial officers corrupt because Kenyans have been unwilling to present information touching on their integrity. 

The Board chairman Sharad Rao Tuesday said no judge or magistrate had been found unsuitable on the grounds of corruption or receiving bribes largely because of lack of evidence to support such claims.

“People have really been reluctant to come forward when it comes to corruption in the Judiciary. That has made our work a bit difficult but we have used the information we have to discharge our mandate,” said Mr Rao.

Speaking when the board held a training for journalists at Laico Regency in Nairobi, Mr Rao said the board required “concrete” evidence to be able to send home corrupt judges and magistrates.

“It is important for them to come forward and give us the required information if they feel that a particular judge or magistrate is corrupt,” Mr Rao added.

Vice-chairperson Roseline Odede said lawyers were initially cagey but were lately more forthcoming. She said interested groups were also giving information unlike in the past when they shied away.

“In the beginning lack of information was a big challenge. People were very slow in bringing information probably because they did not know what to expect but of late a lot more people are coming out to give information especially the advocates,” said Ms Odede.

The board’s decisions have been challenged in court and cases are pending. The board members said the cases had affected their quest to finish the vetting within the required time.

Court cases

“We have several cases in court challenging our decisions.  If you look at the Constitution and even the statutes, vetting was supposed to be a swift and quick process. This has been delayed by all these court cases and injunctions,” said Ms Odede.

Recently the High Court ruled that the board should only look at the actions of judicial officers up to August 27 2010 when the present Constitution took effect. The Court of Appeal also affirmed the decision.

Mr Rao said the Board was aggrieved by the courts’ decision, saying they should not be restricted.

“We are saying that it would not be right to say we vet only until August 2010,” said the chairman.

The board also asked the Judicial Service Commission to stop paying officials who have been found unsuitable to serve.