LSK'S CHALLENGE ON KENYA'S CJ RAISES MAJOR ISSUES

THE STANDARD EDITORIAL
NAIROBI, KENYA
OCTOBER 15 2008

Having demanded a robust case — or none at all — for the removal of Chief Justice Evan Gicheru, we read the petition presented to President Kibaki through the Justice Minister with interest.

The document, signed by Law Society of Kenya secretary and chief executive Betty Nyabuto, covers much of the administrative grousing we have heard and accuses Gicheru of "subverting the Constitution", "perverting the cause of justice" and "improper management of judicial funds".

The absence of detail to many of the charges makes it difficult to determine the merits of the LSK’s arguments. We take it, however, the allegations are not made lightly and the legal fraternity has reason to believe answers are forthcoming. Whether a tribunal is needed, though, we can’t say.

The last tribunal appointed to consider a CJ’s conduct, in 2003, planned to probe claims Bernard Chunga, an former prosecutor, had tortured people; been corrupt; and interfered with other judges’ work. Before that, expatriate CJ Alan Hancox was felled in 1993 over "political bias" and allowing the erosion of judicial independence.

RESPONSE

We remind LSK and readers of this because we remain convinced the removal of a CJ is not a matter to consider lightly. President Kibaki’s response (and indeed that of the CJ once he receives a copy of the petition) are keenly awaited. They could help shape thinking on whether a new constitution must be explicit on what ‘misbehaviour’ by the CJ warrants referral to a tribunal.