In this episode we will focus on the Judiciary. There are about 9 constitutional changes proposed by the BBI in relation to the judiciary. We will focus on the proposed judicial ombudsman. We will give a brief about what an ombudsman is and what they do in general. We will talk about the judicial ombudsman history and the proposed mode of appointment, position and responsibility. Then we will talk about the point of contention.
Summary of the proposed changes to the judiciary:
- Director of public prosecution will have the qualifications of a judge in the court of appeal as opposed to a judge of the high court in the current constitution (Article 157 (3))
- Article 158 which talks about the removal or resignation of a DPP to be repealed
- Article 164 introduces term limits for the Court of Appeal judges (which is one term for 5 years)
- Article 163 (4) will be included to have any election appeals determined by the court of appeal (other than the presidential election) be final. Taking away the ability of electoral petitioner to appeal at the supreme court
- Article 166 (3) requires that judges of the supreme court will have at least 20 years of experience as opposed to the 15 required by the current constitution
- Article 166 (4) requires that judges of the court of appeal should have at least 15 years of experience as opposed to the 10 requires in the current constitution
- Article 167 will include a clause 5, to state that the rules of tenure of a CJ will apply to the DCJ (10-year term limit or retirement age, whichever comes first)
- Article 171 also gives a 1 term limit of 5 years for members of the JSC
- Article 172A: Judicial ombudsman. Receive and conduct inquiries into complains against staff of the judiciary
Office of the Ombudsman Kenya official website: https://ombudsman.go.ke/index.php/who-we-are/about-us
Useful links:
Julie Ouma Oseko: Judicial Independence in Kenya: Constitutional Challenges and Opportunities for Reform: https://leicester.figshare.com/articles/thesis/Judicial_Independence_in_Kenya_Constitutional_Challenges_and_Opportunities_for_Reform/10130936/1
Sibalukhulu, Nompumelelo:The judicial appointment process in Kenya and its implications for judicial independence: https://repository.up.ac.za/handle/2263/36762
