Race for lawyers female slot in JSC hots up
It is a battle of wits for six candidates seeking Law Society of Kenya (LSK) female representative’s seat to the powerful Judicial Service Commission (JSC).
The position comes with powers to hire and fire members of the Bench – including the Supreme Court judges – and approve the Judiciary budget.
LSK’s election board has approved six candidates in the race to succeed Mercy Deche, who although eligible for a second five-year term, stepped down.
Those who have been cleared to vie for the seat are Aullo Julie Soweto, Jacqueline Osiako Ingutiah, Kipsang Christine Mwikali, Konuche Anna Cherono, Njagi Jane Nyaboke and Otieno Mercy Aoko.
However, the race seems to have narrowed down to a two-horse between Konuche and Soweto, both who have mounted aggressive physical and online campaigns.
Controversy has dogged the nomination of Jacqueline Ingutiah and Kipsang who serve as Kenya National Commission on Human Rights (KNCHR) Regional Coordinator (Western) and vice-chair National Environment Tribunal respectively.
According to critics, by virtue of their current positions, they are public officers who ought not to be cleared by the LSK for an election contest.
Clear voice
The contenders have promised to eradicate case backlog, unpredictable schedule of judges or judicial officers, uneven distribution of courts and push for recruitment of sufficient judges and magistrates, if elected.
They are also promising to improve the welfare and working conditions of judicial officers and address systems downtime which has been headlined as a major hindrance to access to justice.
Soweto says she will be the clear voice of the bar and serve only its interests as well as safeguard the courts as the workplace of the advocate so that the advocate can thrive, prosper and deliver justice to clients.
She has also promised to safeguard the independence of the Judiciary.
“As a practicing advocate for the last 18 years, I have a clear grasp of the issues that advocates go through and face in the Judiciary and what it takes to articulate the interests of the bar clearly, bravely, and independently,” she said in an interview.
Soweto has also promised to address the creation of a fair career path for advocates seeking a job in the Judiciary.
She intends to advocate for collaboration between the JSC and the State for the provision of courses designed for advocates who desire to serve as magistrates or judges.
“All judicial officers come through the bar. Therefore, the JSC must develop the bar as its primary source of personnel,” said Soweto, adding that JSC should take a proactive role in watering this primary source and ensuring a fair career path for anyone who seeks to join the bench.
If elected, Konuche has promised to fight for the appointment of more members of the bar as judicial staff as well as lobby for Judicial diversity and inclusion policy.
Listening ear
Konuche, an assistant Director of Advocates Training Programme at the Kenya School of Law, has also vowed to lobby for the recruitment of more female practitioners to the bench, particularly to the superior courts.
Besides, she will lobby for the increase and balance of the ratio of Judicial officers to legal researchers to improve the output.
“A vote for me is a vote for integrity, inclusivity, consistency, persistence and, most importantly, a listening ear that delivers results,” said the former law lecturer Moi University.
LSK, she says, is the second-largest stakeholder in the Justice sector after the public and having visited various court stations and listened to their unique needs and challenges, she seeks to strengthen the oversight function of the JSC.
“This can be done by requiring the Judiciary to file comprehensive quarterly status reports of all complaints and issues raised by members of LSK concerning access to Justice,” Konuche said.
Ingutiah, an advocate with over 16 years experience, is promising advanced, meaningful and responsive representation at the commission.
A human rights activist, Ingutiah has also promised to be a champion for judicial independence, enhancing accountability and transforming service delivery.
“In my sixteen years of practice, I have been promoting the need for effective and efficient access to justice services,” she told People Daily.
Kipsang has promised to be a vocal defender who will promote and facilitate judicial independence and accountability and rule of law.
“I will push for an expeditious and fair determination of complaints filed by JSC,” Kipsang said.
If elected, she said, she will endeavour to remove the inefficiencies that are in the judicial system including pushing for the appointment of more judges as well as addressing delays in fixing dates and hearing matters.
“As an advocate who has been in practice for 21 years, I understand the Judiciary. If the Judicial Service Commission appoints judges who are not committed to the system, you will find numerous cases being filed against judges by members of the public,” said the immediate former chair Mombasa Law Society.
