Resolving stalemate on hiring of judges tops Havi’s agenda
Newly-elected Law Society of Kenya (LSK) President Nelson Havi has outlined his vision for the body, with unlocking the stalemate over the appointment of judges top on his agenda.
He said for the last four years, LSK has been in doldrums and vowed that he was determined to turn it into a vibrant organisation.
He promised to kick off his LSK tenure by unlocking a stalemate that is running close to eight months since the Judicial Service Commission cleared 41 judges to sit in the Appeal, Lands and Labour courts in mid 2019.
Havi told People Daily yesterday that apart from the three key issues in his agenda to restore the LSK’s former glory – once he is sworn in next month, he would seek audience with the Attorney General (AG) and Chief Justice (CJ) on the matter.
“We will seek a meeting among the AG, CJ and myself on behalf of the LSK to ensure that the swearing in of the judges does not await any other action now that a court order is in place,” he said at the All Saints’ Cathedral Church after he led members of the LSK Council for a special prayer service.
Havi stressed the need for obedience to court orders, so that everybody is satisfied that his/her dispute can comfortably be settled through the court process.
“This is because court orders are supposed to be self-executing but of late that’s not the case.
We need to revert to the situation whereby we knew as soon as a court order has been made that was the end of the matter of any matter before court.
“That’s what we want to do as soon as we are sworn in,” he stated.
Integrity issues
In October last year, President Uhuru Kenyatta refused to swear in the 41 judges arguing most of them were not fit because of integrity issues.
“It would be irresponsible on my part to appoint the judges who enjoy the security of tenure given the integrity concerns and reveals he will ask relevant authorities to take “legal and administrative” action,” the President argued through head of Civil Service, Joseph Kinyua.
However, last month, the High Court, ruled that the President’s decision declining to appoint the 41 judges as unconstitutional.
LSK had gone to Court seeking an order to compelling the President to appoint the 41.
The three-judge Bench composed of Justices James Makau, Lydia Achode and Chacha Mwita then ruled that the President had no power to review, reconsider or decline to the appointment as recommended by the JSC.
