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Post by joblesscorner on Sept 1, 2011 3:05:44 GMT 3
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man
Junior Member
Posts: 99
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Post by man on Sept 3, 2011 9:40:03 GMT 3
This Dr. Mutunga chap spends a lot of time and energy taking about trivial issues like the attire of judges at the expense of more urgent issues at the Judiciary. In my opinion, the more things are supposed to have changed in this new constitutional dispensation, the more they remain the same. In this supposed “new” Kenya, why are Judges still being sworn in at State House?  ? New High Court Judges have just been sworn in only a few days after the Supreme Court Judges were sworn in, both ceremonies took place at State House. The Chief Justice himself and his deputy were also sworn in at State House. Can’t these types of functions for judicial officers take place at the Judiciary headquarters, presided over by the Chief Justice as the head of that arm of government? People please don’t get me wrong. I know swearing in ceremonies are no big deal, but in my opinion it is a high time we did things different. I do not see MPs taking their oath of office at State House. They do it at Parliament buildings, which is the seat of the Legislature, and presided over by the Speaker as the head of that arm of government. We need to let the president worry about the Executive arm of the government. So much talk about change in the Judiciary by the Chief Justice. After refusing to wear a robe at his swearing ceremony, the CJ should have insisted that the swearing in of judicial officers be done at the Judiciary headquarters. At that point I would have had some hope of some radical changes in the judiciary. For now the onus of the new CJ is to prove me wrong. Otherwise for me, the only difference in that arm of government is the change in the holder of the office (complete with an ear stud). I’m pretty sure the status quo will largely remain. www.nation.co.ke/News/New+judges+sworn+in+at+State+House/-/1056/1229524/-/9l6jyr/-/index.html |
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Post by okolowaka on Sept 3, 2011 15:14:28 GMT 3
In this supposed “new” Kenya, why are Judges still being sworn in at State House? ? New High Court Judges have just been sworn in only a few days after the Supreme Court Judges were sworn in, both ceremonies took place at State House. The Chief Justice himself and his deputy were also sworn in at State House. Can’t these types of functions for judicial officers take place at the Judiciary headquarters, presided over by the Chief Justice as the head of that arm of government? People please don’t get me wrong. I know swearing in ceremonies are no big deal, but in my opinion it is a high time we did things different. I do not see MPs taking their oath of office at State House. They do it at Parliament buildings, which is the seat of the Legislature, and presided over by the Speaker as the head of that arm of government. We need to let the president worry about the Executive arm of the government. Wewe man, Soma katiba mpya kwanza.... MPs are not appointed by the President, they are elected by the people so it is right to swear them in the people's house... The senior judicial officers among these those of the Supreme Court, Court of Appeal, High Court, on the other hand, are all appointed by the President....so it is ok to swear them at the office of the appointing authority. Constructive criticism of the rulings made by the new CJ would make a better discussion than that about his earrings or his dressing style. The decision to do away with the colonial era wigs or gowns that do not add any value or wisdom to the thought process is a symbolic message that indeed change is here, and the CJ indeed talked about this to the Kenyan media. This is what the New Katiba proclaims.... Chapter 10, Part 2 (Superior Courts), Article 166Appointment of Chief Justice, Deputy Chief Justice and other judges 166. (1) The President shall appoint— (a) the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly; and (b) all other judges, in accordance with the recommendation of the Judicial Service Commission. |
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man
Junior Member
Posts: 99
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Post by man on Sept 3, 2011 17:27:17 GMT 3
This Dr. Mutunga chap spends a lot of time and energy taking about trivial issues like the attire of judges at the expense of more urgent issues at the Judiciary. In my opinion, the more things are supposed to have changed in this new constitutional dispensation, the more they remain the same. In this supposed “new” Kenya, why are Judges still being sworn in at State House? ? New High Court Judges have just been sworn in only a few days after the Supreme Court Judges were sworn in, both ceremonies took place at State House. The Chief Justice himself and his deputy were also sworn in at State House. Can’t these types of functions for judicial officers take place at the Judiciary headquarters, presided over by the Chief Justice as the head of that arm of government? People please don’t get me wrong. I know swearing in ceremonies are no big deal, but in my opinion it is a high time we did things different. I do not see MPs taking their oath of office at State House. They do it at Parliament buildings, which is the seat of the Legislature, and presided over by the Speaker as the head of that arm of government. We need to let the president worry about the Executive arm of the government. So much talk about change in the Judiciary by the Chief Justice. After refusing to wear a robe at his swearing ceremony, the CJ should have insisted that the swearing in of judicial officers be done at the Judiciary headquarters. At that point I would have had some hope of some radical changes in the judiciary. For now the onus of the new CJ is to prove me wrong. Otherwise for me, the only difference in that arm of government is the change in the holder of the office (complete with an ear stud). I’m pretty sure the status quo will largely remain. www.nation.co.ke/News/New+judges+sworn+in+at+State+House/-/1056/1229524/-/9l6jyr/-/index.htmlWewe Okolowaka, The word "appoint" can be relative, even in law. In this particular case the word is just a formality if you know the true meaning of the word. In real sense, these people are appointed elsewhere and the president's role is just a mere formality, which he cannot change. He cannot reject some names and appoint his cronies in their place like Kosgey did at KEBS and Nyong'o at MOH. The JSC which vets and recruits judges is a funciton under the Judiciary. The president can just do the formality of appointing but the Judiciary should in all sense be seen to be independent. The current trend of trooping to state house gives the impression that these people are answerable to the tenant at the house, in my opinion. Changing this would be a better idea than wasting time about judges attire, again in my opinion. |
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Post by b6k on Sept 3, 2011 20:09:49 GMT 3
Yes they really need to drop the state house oathing ceremonies. The last footage I saw of Mutunga he had dropped the stud after fighting to keep it all that time.
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? New High Court Judges have just been sworn in only a few days after the Supreme Court Judges were sworn in, both ceremonies took place at State House. The Chief Justice himself and his deputy were also sworn in at State House.
