LAWYERS MOVE TO OUST CHIEF JUSTICE EVANS GICHERU

By NATION Team
August 13 2008

Lawyer Lilian Omondi narrates her ordeal at the hands of riot police, after protesting Nakuru lawyers were dispersed in Nairobi on Wednesday. The lawyers are demanding the resignation of CJ Evan Gicheru.

LSK threatens to petition President Kibaki to name a tribunal to establish the CJ’s suitability to remain in office if he did not resign.
Lawyers to push for the introduction of performance contracts for magistrates.
Riot police deployed within and outside the Nairobi law courts to block a team of lawyers from presenting their grievances against a Nakuru chief magistrate.

A wave of discontent sweeping among lawyers over the management of the Judiciary came into the open on Wednesday, following the dispersal of some of their colleagues who wanted to present their grievances to Chief Justice Evan Gicheru.

CJ has failed, say lawyers
A statement by the Law Society of Kenya (LSK) calling for Mr Justice Gicheru’s resignation highlighted the grievances over the efficiency of some judges and magistrates.

LSK chairman Okong’o O’Mogeni said lawyers would push for the introduction of performance contracts for magistrates.

Failure to resign

It could mark the beginning of a public campaign by LSK to have Mr Justice Gicheru either resign or be forced out.

“Therefore, LSK puts the Chief Justice on notice that his failure to resign will leave the LSK with no option but to call upon the President to set up a tribunal to start the process of his removal from office,” the lawyers said in the statement signed by vice-chair James Mwamu.

It followed the stationing of riot police within and outside the Nairobi law courts to block a team of lawyers from presenting their grievances against a chief magistrate.

LSK accused Mr Justice Gicheru of “introducing police brutality within the corridors of justice” and said they would petition President Kibaki to name a tribunal to establish the CJ’s suitability to remain in office if he did not resign.

If the LSK succeeds, it will be the second time in the past five years that a CJ is forced out of office.

Mr Justice Bernard Chunga was forced out of office soon after President Kibaki came to power in 2003, following agitation by NGO activists and the minister for Justice and Constitutional Affairs at the time, Mr Kiraitu Murungi.

Mr Justice Chunga had successfully prosecuted cases involving some of the activists during his time as director of Public Prosecutions.

For the CJ to be removed, the President must name a tribunal chaired by the Speaker of the National Assembly, one senior counsel and at least two other High Court or Court of Appeal judges.