|
Post by Titchaz on Aug 16, 2008 2:42:02 GMT 3
Wakuu wa Jukwaa,
Huyu mtu naona sasa chuma chake kiko motoni lakini wasi wasi wangu ni kwamba 'political patronage' iliopo Kenya itahakikisha kua mchakato wowote utakaoletwa na mawakili utapigwa chini. This man presided over the swearing in of The Thief in Chief after the '07 election and he still stinks of that. Chief Justice in the dockPublished on 16/08/2008By Standard TeamChief Justice Evan Gicheru has since 2003 presided over an institution whose ‘clients’ are herded to the dock to face justice but now he may no longer be the only hunter. Bestowed with a position that requires a level of integrity beyond reproach, Gicheru, if lawyers have their way with President Kibaki, could soon be investigated by a tribunal. That is the only way, because he enjoys security of tenure, that he cannot be removed from office before age 74. He is 65 and his date with retirement, according to judicial rules, is 2017. The lawyers, most of whom he has interacted with for decades, especially from 1982, when he was appointed a High Court judge, are after his scalp. They are also threatening a national court boycott if the tribunal is not Set upLSK also blamed Justice Gicheru for "introducing police brutality within the corridors of justice". The CJ will, beginning Monday, be on focus as he opens the five-day judges’ colloquium in Mombasa at a time he is under intense pressure from the Bar. But it is not just the lawyers lighting the fires under the seat of the quiet judge with a reputation of incorruptibility, having once returned some fat bribe secretly deposited in his bank account. On Thursday Prime Minister Raila Odinga said he could no longer stand the mess in the Judiciary.
"There are a lot of injustices which are committed by the Judiciary, that is actually helping to promote corruption in land transactions,’’ said the PM, who described the department as, "a sanctuary of land grabbers".Lawyers’ attack on Gicheru comes against erosion of the department’s credibility since the controversial swearing-in ceremony of President Kibaki by one of his officers as he watched. In January, Western Kenya’s Law Society of Kenya branch chairman James Mwamu asked the CJ to resign to restore public confidence in the Judiciary. At that time, the lawyers were complaining against High Court Registrar Christine Meoli, the officer who swore-in President Kibaki as violence raged across the country. A week earlier, Archbishop Zacchaeus Okoth of the Catholic Church had said the Judiciary could no longer be trusted. Speaking as post-election chaos engulfed the country, Okoth and Bishop Mwayi Abiero of the Anglican Church of Kenya lamented the Chief Justice and Attorney General had taken sides in the political impasse, making it impossible for the political protagonists to turn to the Judiciary for justice. A section of lawyers questioned the green light by Justice Gicheru for the swearing-in of President Kibaki after the December polls, arguing it was ‘illegal’. The Society, in a statement in January, said part of the problem the political impasse could not be taken to court was that, the public was not confident that the Chief Justice was impartial. "We decry the long time it takes to hear election petitions and protest against decision to resort to court. This is instructed by the fact all petitions are received by the registrar who forwards them to the Chief Justice. The CJ then determines how it proceeds. The registrar and the Chief Justice oversaw the illegitimate swearing–in (of President Kibaki). Any court action will be futile,’’ said LSK chairman Okong’o O’mogeni, said then. Early last year, the CJ directed judicial matters and cases against the Government be filed only in Nairobi, bringing himself another clash with lawyers. "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 Mwamu signed last week. Some lawyers now also accuse Gicheru of failing the Judiciary. They also point out cases they argue stagnated because he has not acted on them since they were referred to him for direction. What is unfolding could lead to a reversal of roles, with the CJ, being edged into the ‘dock’, to defend himself against claims such as that he has presided over an inefficient and corrupt judicial system. At a personal level, lawyers claim he is inaccessible and to reach him there are many barriers. They point to the two cases last month when police tear-gassed protesting lawyers, within the law courts. Rift Valley Law Society Chairman Gordon Ogola said advocates were waiting for their national chairman to convene a consultative meeting so that they can write to the President. Ogola said the advocates would give President Kibaki a timeframe to act failure to which they would call for a national boycott of courts. "The mess in the Judiciary is all because of the Chief Justice and something must be done about it," he claimed. Ogola led other lawyers in Nakuru to demonstrate against Chief Magistrate Margaret Wachira, who they claimed was not serious in her work. Ogola said as a result of CJ’s lack of firmness, judicial officers no longer care about their work. "Most judicial staff are no longer working and the culture of impunity has crept in Judiciary because they know their boss cannot sack them," he added. He said Gicheru was part of the problem in the Judiciary because he was inaccessible and it can even take eight months to secure an appointment with him. He said unlike his predecessors the late Zaccheus Chesoni and Mr Benard Chunga, Gicheru does not sit on any Bench. If the LSK succeeds, it would be the second time in the past five years a CJ is forced out of office. Chunga was forced out 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 Kiraitu Murungi. LSK contested the order that that all judicial matters and cases against the Government be filed only in Nairobi by going to court. It argued the directive issued on January 19, last year, had created confusion in court registries countrywide and the issue should be fast tracked to achieve order in the filing of judicial review applications. They appeared before the head of the Judicial Review Division Justice Joseph Nyamu, who referred the file to Gicheru for direction. www.eastandard.net/InsidePage.php?id=1143992678&cid=4&
|
|
|
Post by einstein on Aug 16, 2008 3:42:10 GMT 3
Wakuu wa Jukwaa,
Huyu mtu naona sasa chuma chake kiko motoni lakini wasi wasi wangu ni kwamba 'political patronage' iliopo Kenya itahakikisha kua mchakato wowote utakaoletwa na mawakili utapigwa chini. This man presided over the swearing in of The Thief in Chief after the '07 election and he still stinks of that. Chief Justice in the dockPublished on 16/08/2008By Standard TeamChief Justice Evan Gicheru has since 2003 presided over an institution whose ‘clients’ are herded to the dock to face justice but now he may no longer be the only hunter. Bestowed with a position that requires a level of integrity beyond reproach, Gicheru, if lawyers have their way with President Kibaki, could soon be investigated by a tribunal. That is the only way, because he enjoys security of tenure, that he cannot be removed from office before age 74. He is 65 and his date with retirement, according to judicial rules, is 2017. The lawyers, most of whom he has interacted with for decades, especially from 1982, when he was appointed a High Court judge, are after his scalp. They are also threatening a national court boycott if the tribunal is not Set upLSK also blamed Justice Gicheru for "introducing police brutality within the corridors of justice". The CJ will, beginning Monday, be on focus as he opens the five-day judges’ colloquium in Mombasa at a time he is under intense pressure from the Bar. But it is not just the lawyers lighting the fires under the seat of the quiet judge with a reputation of incorruptibility, having once returned some fat bribe secretly deposited in his bank account. On Thursday Prime Minister Raila Odinga said he could no longer stand the mess in the Judiciary.
"There are a lot of injustices which are committed by the Judiciary, that is actually helping to promote corruption in land transactions,’’ said the PM, who described the department as, "a sanctuary of land grabbers".Lawyers’ attack on Gicheru comes against erosion of the department’s credibility since the controversial swearing-in ceremony of President Kibaki by one of his officers as he watched. In January, Western Kenya’s Law Society of Kenya branch chairman James Mwamu asked the CJ to resign to restore public confidence in the Judiciary. At that time, the lawyers were complaining against High Court Registrar Christine Meoli, the officer who swore-in President Kibaki as violence raged across the country. A week earlier, Archbishop Zacchaeus Okoth of the Catholic Church had said the Judiciary could no longer be trusted. Speaking as post-election chaos engulfed the country, Okoth and Bishop Mwayi Abiero of the Anglican Church of Kenya lamented the Chief Justice and Attorney General had taken sides in the political impasse, making it impossible for the political protagonists to turn to the Judiciary for justice. A section of lawyers questioned the green light by Justice Gicheru for the swearing-in of President Kibaki after the December polls, arguing it was ‘illegal’. The Society, in a statement in January, said part of the problem the political impasse could not be taken to court was that, the public was not confident that the Chief Justice was impartial. "We decry the long time it takes to hear election petitions and protest against decision to resort to court. This is instructed by the fact all petitions are received by the registrar who forwards them to the Chief Justice. The CJ then determines how it proceeds. The registrar and the Chief Justice oversaw the illegitimate swearing–in (of President Kibaki). Any court action will be futile,’’ said LSK chairman Okong’o O’mogeni, said then. Early last year, the CJ directed judicial matters and cases against the Government be filed only in Nairobi, bringing himself another clash with lawyers. "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 Mwamu signed last week. Some lawyers now also accuse Gicheru of failing the Judiciary. They also point out cases they argue stagnated because he has not acted on them since they were referred to him for direction. What is unfolding could lead to a reversal of roles, with the CJ, being edged into the ‘dock’, to defend himself against claims such as that he has presided over an inefficient and corrupt judicial system. At a personal level, lawyers claim he is inaccessible and to reach him there are many barriers. They point to the two cases last month when police tear-gassed protesting lawyers, within the law courts. Rift Valley Law Society Chairman Gordon Ogola said advocates were waiting for their national chairman to convene a consultative meeting so that they can write to the President. Ogola said the advocates would give President Kibaki a timeframe to act failure to which they would call for a national boycott of courts. "The mess in the Judiciary is all because of the Chief Justice and something must be done about it," he claimed. Ogola led other lawyers in Nakuru to demonstrate against Chief Magistrate Margaret Wachira, who they claimed was not serious in her work. Ogola said as a result of CJ’s lack of firmness, judicial officers no longer care about their work. "Most judicial staff are no longer working and the culture of impunity has crept in Judiciary because they know their boss cannot sack them," he added. He said Gicheru was part of the problem in the Judiciary because he was inaccessible and it can even take eight months to secure an appointment with him. He said unlike his predecessors the late Zaccheus Chesoni and Mr Benard Chunga, Gicheru does not sit on any Bench. If the LSK succeeds, it would be the second time in the past five years a CJ is forced out of office. Chunga was forced out 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 Kiraitu Murungi. LSK contested the order that that all judicial matters and cases against the Government be filed only in Nairobi by going to court. It argued the directive issued on January 19, last year, had created confusion in court registries countrywide and the issue should be fast tracked to achieve order in the filing of judicial review applications. They appeared before the head of the Judicial Review Division Justice Joseph Nyamu, who referred the file to Gicheru for direction. www.eastandard.net/InsidePage.php?id=1143992678&cid=4& A protector of status quo and hence a clear case of a local economic hit man! You all know what you need to do!! Just look at his urgly head gear and compare it with that of the Illuminati!
|
|
|
Post by politicalmaniac on Aug 16, 2008 3:43:08 GMT 3
2017? Wow huyu jama lazima aende zake!! Potea!
|
|
|
Post by Titchaz on Aug 16, 2008 3:49:48 GMT 3
2017? Wow huyu jama lazima aende zake!! Potea! PM, Just like Einsteen said up there, there issues of political patronage and protecting status quo. He enjoys a crazy security of tenure...imagine mpaka the age of 74yrs.We gotta deal with him for that long? Jamani Kenya kweli kazi ipo!
|
|
|
Post by Titchaz on Aug 16, 2008 4:04:54 GMT 3
An LSK member displays a banner during a protest by lawyers in Nairobi. They are demanding the CJ's resignation. A Law Society of Kenya council member Florence Mwangangi shows injuries impacted on her colleague Lilian Omondi during the protests LawyerLilian Omondi narrates her ordeal at the hands of riot police. Photo/FAITH NJUGUNA Curious wananchi outside the law courts. Photo/FAITH NJUGUNA Mr Gordon Ogolla, the chairman of the LSK-Rift Valley chapter argues with Central Police Station chief Tito Kilonzi outside the law courts. Mr Gordon Ogolla, the chairman of the LSK-Rift Valley chapter argues with Central Police Station chief Tito Kilonzi outside the law courts. Photo/FAITH NJUGUNA As usual G.O.K. had to come out with this show of force!
|
|
|
Post by tiskie on Aug 16, 2008 4:23:44 GMT 3
We have a coalition government in place?? supposedly 50% ODM 50% PNU so why do we seem to have a police state in place?? any individual or group demonstrating against anybody in government gets the police in full gear unleashed on them?? CIVIC groups demonstrations were attacked by police recently now lawyers?? who or what government is really in place??
if it is a shared coalition?? why is it the police are still being used to stop kenyans to demonstrate peacefully?? I just don't get this scenario?? does Raila agree or stand by the way the Police are treating kenyans?? and if not why hasn't his ODM party come out to condone this uncalled for acts by the Kenya police force against hard working kenyans who have a right to be heard???
why are the police above the law now?? can someone explain??
|
|
|
Post by adongo23456 on Aug 16, 2008 5:38:56 GMT 3
Titchaz
Thanks for the pictures. They tell the whole story. Many thanks.
adongo
|
|
|
Post by Titchaz on Aug 16, 2008 6:08:12 GMT 3
Titchaz Thanks for the pictures. They tell the whole story. Many thanks. adongo Karibu sana my fellow alumni. Kenya is still a police state even after all these days. It sucks big time.
|
|
|
Post by adongo23456 on Aug 16, 2008 7:57:25 GMT 3
Titchaz Thanks for the pictures. They tell the whole story. Many thanks. adongo Karibu sana my fellow alumni. Kenya is still a police state even after all these days. It sucks big time. titchazalumni? I suppose that is Kakamega High School. A great place by any means. I loved the Green Commandos and captained the hockey team to the national championships held at Shimo La Tewa High School in Mombasa that year but I don't want to distract from the topic. But we are living folks and it is always a good thing to know where we come from. I am still trying to get a grip at this latest dilemma for Chief Justice Evan Gicheru. I am glad the lawyers, even the ones who rarely come out in protest are up in arms against him. It is about time. More is coming. adongo
|
|
|
Post by Titchaz on Aug 16, 2008 11:44:16 GMT 3
titchazalumni? I suppose that is Kakamega High School. A great place by any means. I loved the Green Commandos and captained the hockey team to the national championships held at Shimo La Tewa High School in Mombasa that year but I don't want to distract from the topic. But we are living folks and it is always a good thing to know where we come from. I am still trying to get a grip at this latest dilemma for Chief Justice Evan Gicheru. I am glad the lawyers, even the ones who rarely come out in protest are up in arms against him. It is about time. More is coming. adongo Mkuu Adongo,
Kakamega High it is...nd'o maana we gravitate towards each other. Sejero was my dorm karibu na Misango na shortcut to Murram kama unakumbuka. My experience at that African Govt School was priceless.Green Commandoes under the tutelage of one Chris Makokha was .....(cant even find the word to describe it) Okay back to this one Gicheru, my take I believe ni kwamba ametimiza wakati wa kufungasha virago.That security of tenure is the killing part na even if Kibaki appoints a tribunal, me thinks it will be a comestic measure to save one of his own. Mkuu mwenzangu, kwa kweli unadhani Kibaki anaweza kumtema jamaa aliyemuapisha kua raisi ijapokua ilikua imedhihirika wazi kua ameiba kura? Hawa nd'o wahuni waliovaa magwanda na majoho ya kumuapisha Rais wa Kenya hata kabla matokea yalikua bado hayajatangazwa pale KICC. Kisha kumbuka kua yule mwizi mengine kwa jina Kimunya pia inaonekana atasamehewa kwa kupewa ' a clean bill of health' maana unajua kua Spika wa Bunge inajulikana kalalia ubavu gani.Kisha ile kamati ya fweza bungeni ilisema juzi kua kuuzwa kwa GRH ilifanyika kihalali.Kisha ule mjadala wa kumjadili Waziri wa Fweza wa zamani pia ulipigwa chini bungeni. Yaani nasadiki tuko katika safari kali ya kujaribu kubadilisha muelekeo wa siasa nchini mwetu na hii seketa ya Jaji mkuu itakua 'litmus test' kama kweli tumefika. Ishu nyengine ilionikaba kooni ni ile ya zile kura za Kamkunji..si nadhani kama sijakosea kua Mahakama iliamua zile kura zihesabiwe tena.Lakini kulikuaje mpaka jamaa wakaendelea na kupiga kura upya in total disregard of the court order. Afu la kuchekesha leo magazetini tunasoma kwamba jamaa aliyepata ushindi kumbe ni mwizi anatafutwa na mahakama (there was a bench warrant out for the mofo)....maelezo zaidi hapa kama ulikua bado hujasoma... www.eastandard.net/InsidePage.php?id=1143992634&cid=159&... IMAGINE THE DOGONE WARRANT WAS BEING RENEWED FOR THE SECOND TIME!!!! Yaani mwizi anakwenda bungeni to abet more crimes.Kwa kweli awamu yetu ikifika kua viongozi, hii nchi watakua washaifilisi hawa mabaradhuli.Wananikumbusha mafisi wakipigania mfupa! Samahani kwa kuandika katika Kiswahili maana nd'o kawaida yangu hususan kama hawa mahayawani wamenikasirihsa.Shukran mkuu mwenzangu. Baaden.
|
|
|
Post by Titchaz on Aug 16, 2008 12:10:48 GMT 3
The fact that the Executive still lords over the Judiciary is really unfortunate to say the least!
|
|
|
Post by kamalet on Aug 17, 2008 13:05:35 GMT 3
When Justice Gicheru was appointed, there seemed a sigh of relief in that for the first time in our judicial history, seniority had countedand Gicheru seemed the right man.
However, when it comes to the execution of his duties, he has been a monumental failure. He has run the judiciary with very poor management systems - like why should a High Court Judge ever need to seek an appointment to see the CJ? Why should judicial questions referred to him be delayed because he does not appear in office before 11 a.m. just because he was attending Bible Study lessons? Whatever effort he has made to fast track the judicial process has been a failure and Kenyans still have cases awaiting decisions as old as more than 15 years!! The fact that high profile corruption cases involving some prominent Kenyans are still in court whilst 500 shilling bribery cases are disposed off in a matter of days is a serious indictment on his capability as the chief justice of Kenya.
In fact my biggest disappointment of the man is his constant refusal to commit the judiciary to performance contracting. His claim of separation of powers is utter nonesense since the judiciary can commit to the Kenyan people certain performance benchmarks that we can use to gauge their performance without interference from the executive.
I am however unable to agree with those lawyers who think picketing his office will force him out of office. The man has constitutional security of tenure and can sit in there and say shout as you like, go Eff yourselves I do not care.
There is a need for a sensible approach at dealing with the matter of getting him out office. If lawyers are unhappy about the CJ, then it should not be the branches of LSK doing so, but the council of LSK making the legal case to the president to constitute a tribunal. That is the law, and lawyers should perhaps be the first people to lead Kenyans the legal way and placard waving activism by a sectiion of the legal profession will only scuttle the clean route of ridding ourselves of Gicheru. The lynching of Bernard Chunga - perhaps the best CJ Kenya ever had (if you ignore his brutal past as a prosecutor!) - cannot be allowed to happen to the judiciary!
|
|
|
Post by njamba on Aug 17, 2008 19:14:46 GMT 3
Kamale, I have to agree with you on this one. There needs to be a sensible way for LSK to deal with matter. I doubt though that LSK have not tried to air their grievances to relevant ministry or authorities. Sad that Justice Gicheru of Ouko commission Fame cannot deliver as a CJ. I am surprised that he would spend much of his time at bible studies while on duty. Some people are not meant to be leaders and Gicheru may be one of them
|
|
man
Junior Member
Posts: 99
|
Post by man on Aug 17, 2008 20:14:23 GMT 3
Someone mentioned to me that the CJ and the Thief-in-Chief come from the same place. If true then what a shame that we can have two very useless high ranking officials from the same place. I might be forced to re-evaluate my opinion of people around that immediate neighbourhood (not the whole province)
|
|
|
Post by kamalet on Aug 20, 2008 8:36:17 GMT 3
www.eastandard.net/InsidePage.php?id=1143992992&cid=4&The judges can claim that performance contracting introduced by the executive could get in the way of their independence, but they should still as suggested by Justice Omollo include internal mechanisms that still allow performance measuring. Alternatively if the issue is a constitutional amendment, since they are constitutional office holders, then surely we can have this managed! As we do all this, has anyone thought about performance contracts by MPs - who by far are the bigges guzzlers of public finances without a check?
|
|
|
Post by Titchaz on Aug 20, 2008 12:13:40 GMT 3
|
|
|
Post by mzee on Aug 20, 2008 19:09:12 GMT 3
Titchaz, I must confess that my hate for justice Gicheru only compares to my hate for justice Ringera. The two are a good for nothing lot. They are both politicians, which means that they cannot perform independently.
|
|
|
Post by Titchaz on Aug 24, 2008 17:53:31 GMT 3
Chief Justice to face toughest test of his tenure Chief Justice Evan Gicheru will face perhaps the most crucial test of his five-year tenure at the helm of the Judiciary once lawyers meet this week to set in motion plans to have him removed. The Law Society of Kenya has called a meeting of its top officials, including all branch chairmen, on Tuesday in Nairobi. They will, among other things, draft a petition that will highlight the charges against the CJ and give reasons why they want him shown the door As required by law, the lawyers’ petition will be forwarded to the President, who is the appointing authority. The President can then decide whether to constitute a tribunal to investigate the CJ or not. Should a tribunal be constituted, the CJ shall not exercise any official duties pending the tribunal’s verdict, the law states. “We are seeking an appointment with the Minister for Justice on Wednesday morning to formally present the petition to the government,’’ said a top LSK official who asked not to be named. Questioned about the meeting’s agenda, the official declined to divulge specific details but said, “It will be a special meeting and the sole agenda shall be the CJ.” LSK chairman Okong’o Omogeni, who is currently on an official visit to the United States of America, also confirmed he would be back by then for the meeting. Should the lawyers’ plans succeed, this will be the first time in the country’s history that a sitting Chief Justice is subjected to such a process. Sharp differences The campaign by the LSK comes in the wake of sharp differences between lawyers and the CJ’s office over the former’s grievances that touch on performance of some judges and magistrates. The dispute took a dramatic turn a fortnight ago when lawyers who had gone to present their complaints to the CJ were tear-gassed by the police and chased from the Nairobi Law Courts. A similar standoff had taken place at the Nakuru Law Courts, earlier. But at their colloquium held in Mombasa last week, judges and magistrates closed ranks around their boss, especially following the acrimony generated by the Executive’s demands that the Judiciary staff, including judges, sign performance contracts. Earlier this week, Prime Minister Raila Odinga urged the Judiciary to embrace the management tool in its operations to improve service delivery. However, the CJ and his fellow judges gave their reservations about the move, saying as professionals, judges knew what is expected of them. But the CJ later indicated that the Judiciary was open to further consultations over the matter. Though a section of the Bench has in the recent past voiced concerns about Chief Justice Gicheru’s administrative style, no dissenting voices were heard during the Coast retreat, with sources saying only minor administrative issues were raised and addressed. www.nation.co.ke/News/-/1056/462652/-/tk8b0j/-/index.html
|
|
|
Post by Titchaz on Aug 28, 2008 15:53:51 GMT 3
Why lawyers want Chief Justice outUpdated 16 hr(s) 39 min(s) agoBy Maureen MudiDetails why lawyers will petition President Kibaki over the conduct and performance of Chief Justice Evan Gicheru have emerged. The Law Society of Kenya (LSK) council officials on Wednesday disclosed that the document would be presented to Justice Minister Martha Karua to give it to the President. The lawyers allege that the CJ does not lead by example, as he rarely sits with other Court of Appeal judges to hear matters and ensure they are expedited. An LSK council member and Coast representative, Mr Joseph Munyithya, said the CJ had surrounded himself with Government-friendly judges who have never been transferred for many years, despite a policy requiring that a judge be moved after every five years. “You may find most stations are headed by particular judges and such promotions and assignments are not normal,” he said. latenessThe lawyers also intends to complain that Justice Gicheru does not keep time. He reports to work at 11am and leaves at 3pm.
“It is easier to see the President himself than book an appointment with Gicheru,” Munyithya said.In the list are claims that the CJ has never kept his promise, especially regarding the posting of more judges in stations such as Mombasa. The CJ is also accused of not being independent from political patronage. They cite an incident two years ago when the CJ paraded judges at State House for a swearing in ceremony only for it to be cancelled without any explanation. Justice Gicheru is accused of executing appointment of judges without consulting the candidates. In what seems to be an elaborate petition, the lawyers, who gather in Mombasa today for their annual general meeting, are expected to approve the document that might have far-reaching implications. On Wednesday, LSK chairman Okong’o Omogeni said the petition would be discussed at an open forum when the lawyers meet. Another issue is the CJ’s participation in the hurried swearing-in ceremony of President Kibaki after last year’s General Election. The lawyers will also raise lack of confidence in the CJ’s performance as an administrator. “A recent case is the appointment of the Standard Chartered lead advocate, Ms S Ogide, who was sworn in, but never took up her appointment since she was not consulted,” Munyithya said. www.eastandard.net/InsidePage.php?id=1143993595&cid=4&
|
|
|
Post by einstein on Aug 28, 2008 21:24:03 GMT 3
Why lawyers want Chief Justice outUpdated 16 hr(s) 39 min(s) agoBy Maureen MudiDetails why lawyers will petition President Kibaki over the conduct and performance of Chief Justice Evan Gicheru have emerged. The Law Society of Kenya (LSK) council officials on Wednesday disclosed that the document would be presented to Justice Minister Martha Karua to give it to the President. The lawyers allege that the CJ does not lead by example, as he rarely sits with other Court of Appeal judges to hear matters and ensure they are expedited. An LSK council member and Coast representative, Mr Joseph Munyithya, said the CJ had surrounded himself with Government-friendly judges who have never been transferred for many years, despite a policy requiring that a judge be moved after every five years. “You may find most stations are headed by particular judges and such promotions and assignments are not normal,” he said. latenessThe lawyers also intends to complain that Justice Gicheru does not keep time. He reports to work at 11am and leaves at 3pm.
“It is easier to see the President himself than book an appointment with Gicheru,” Munyithya said.In the list are claims that the CJ has never kept his promise, especially regarding the posting of more judges in stations such as Mombasa. The CJ is also accused of not being independent from political patronage. They cite an incident two years ago when the CJ paraded judges at State House for a swearing in ceremony only for it to be cancelled without any explanation. Justice Gicheru is accused of executing appointment of judges without consulting the candidates. In what seems to be an elaborate petition, the lawyers, who gather in Mombasa today for their annual general meeting, are expected to approve the document that might have far-reaching implications. On Wednesday, LSK chairman Okong’o Omogeni said the petition would be discussed at an open forum when the lawyers meet. Another issue is the CJ’s participation in the hurried swearing-in ceremony of President Kibaki after last year’s General Election. The lawyers will also raise lack of confidence in the CJ’s performance as an administrator. “A recent case is the appointment of the Standard Chartered lead advocate, Ms S Ogide, who was sworn in, but never took up her appointment since she was not consulted,” Munyithya said. www.eastandard.net/InsidePage.php?id=1143993595&cid=4& Mwalimu, The guy should be hounded out of office. How do you report to work at 11 O'clock and leave by 3 pm? In which planet does he think he is working? There are plenty of Kenyans who are upto the job. The days of impunity and the days of everything goes are long gone!
|
|
|
Post by Titchaz on Mar 25, 2009 6:40:49 GMT 3
This thing is not going away!!!!Crisis deepens as CJ Gicheru hits back By WALTER MENYAPosted Tuesday, March 24 2009 at 20:41The war of words between Kenya's Chief Justice Evan Gicheru and Justice minister Martha Karua intensified on Tuesday with the CJ declaring he would not resign. Instead, he turned the heat on the minister, accusing her of closing her eyes to reforms in the Judiciary. Mr Justice Gicheru also accused her of distracting and demoralising members of the Judiciary. The Judiciary, though enjoying operational independence, falls under Ms Karua’s docket. “I’m not resigning. They can bet on that. Let everybody say what he or she wants. We are moving forward and are not going to look back because some people are talking about us,” he said. On Monday, Ms Karua said the CJ’s leadership was inept and anti-reform. Although she fell short of calling for his removal, she bluntly told Mr Justice Gicheru to stop shielding himself from criticism and blocking crucial reforms by hiding behind the independence of the Judiciary. But speaking in Kisumu where the Court of Appeal has moved temporarily, Mr Justice Gicheru hit back. “They have eyes but they cannot see. They have ears but they cannot hear. There is no such a thing as slow reforms in the Judiciary.” New law courts He said the Justice Department had embarked on a plan to build new law courts countrywide, among other reforms. He said he was more concerned about clearing the backlog of cases than bickering with those who wanted him out. “When you allow yourself to be demoralised, you lose focus,” Mr Justice Gicheru said, maintaining that the appointment of judges was not his job but that of the Judicial Service Commission. In Nairobi, Prime Minister Raila Odinga told the Judiciary to cooperate with other arms of the government for the common good of the country. He said the Judiciary was operating in isolation and at times frustrated the very system it was expected to serve. www.nation.co.ke/News/-/1056/550442/-/u3n2lt/-/index.html
|
|
|
Post by mzee on Mar 25, 2009 10:13:42 GMT 3
I’m really amused at the cat fight between Martha Karua and her beloved political friend Chief Justice Gicheru. Martha Karua, the one who was at the center of the election thievery. She was the sole defender of Kibaki and his thieving band. Now she is trying to tell us that Kibaki and his cronies are fleecing the country through corruption and incompetence. She is also saying that Kibaki and cronies gave positions to their friends by way of tribalism andfavoritism. That’s fine because all of the above things such as tribalism, favouritism and incompetence of those put in place by Kibaki are things that we have discussed right here in Jukwaa. Add she is right about them.
The thing I have a problem with is her hypocrisy. Its not as if the corruption she is pretending to fight began after December 2007. The corruption has always been there and she has never said something about them. Now that she is a presidential candidate she feels that time has come to talk about corruption. She should not hoodwink Kenyans that she is fighting corruption and that among rotten apples of PANU she is the good one for she is uniquely rotten too.
The truth of the matter is that she was instrumental in the elevation of Gicheru to the position he holds today. She was also part and parcel of the MKM that made sure that the nothing doing, money guzzling, I don’t want you to ask me about “small versus big fish”, head of the KACC Ringera elevation to the position he is in today. As we all know he (Ringera) has not performed a thing and keeps on blaming the AG for this and that. The AG on the other hand has insisted that Ringeras investigations are not up to standard. Besides he has not been able to bring a single fish to justice.
Anyway, my point is that the cat fight between Gicheru Karua and Karua AG is but a show. She wants to change her image, soften it and reduce her aggressive and abrasive tendencies. Problem is that people only remember her as an overly aggressive person. But more crucial they do remember her act at the KICC on the day Kibaki stole our votes. There is nothing more fraudulent and corrupt as what she did at KICC. In other words she is no different from Gicheru, especially after both rushed to swear in Kibaki in the middle of the night.
|
|