Tuesday, February 27, 2018

It's a stupid plan

If the Jubilation really wanted to "revisit" the issue of the Judiciary's independence, then the petition for the removal of members of the Judicial Service Commission is the wrong gambit. While the petition is likely to receive favourable hearing by the Jubilation-packed Justice and Legal Affairs Committee of the National Assembly, the outcome of the petition will not "fix" the Judiciary problem that confronts the Jubilation. In fact, it will stymie any immediate future plans that the Jubilation may have for the Judiciary because it will deny the JSC a quorum to hear any petitions for the removal of a judicial officer. The Chief Justice may, theoretically, be removed from the JSC but that is not the same as removing him from the office of the Chief Justice.

What is certain is that the Jubilation had attempted to steamroll the Chief Justice and the Deputy Chief Justice when the member for Nyeri Town petitioned the Commission to hear his diatribe against the two. He was laughed out of the courtroom. It is fit and proper that the Commission set a high bar for the quality of the proof that will be needed to hear a petition against judicial officers and recommend to the President the appointment of a tribunal to investigate the judicial officer. Now the Jubilation is throwing a "Hail Mary Pass" by going to the friendlier though, largely ineffective, National Assembly. It is a stupid plan.

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