The U.S. is chosen because its Constitution stipulates that Senate gives advice and consent in the appointment of federal judges.

The South African Commission has 23 members (up to 25 when certain types of judges are being recruited). Yet there is a very real problem: If judges are to work independently, will that be achieved if they feel under a sense of obligation to lawyers who appear before them but who were key to their appointment as judges? And who chairs it? University law teachers study the law, and that is what the judges do, and should be forward-looking on the law. But the Committee of Experts rejected the introduction of one such member by the MPs in 2010. The case for having politicians is that they are supposed to represent the people, and that they may have a better sense than lawyers and judges of what society needs. • It is appropriate to explore the issue of how judges are appointed, bearing in the need for them to be well-qualified, of integrity, enjoy respect of the profession and the public, and be independent. Many would think it is a virtue that the appointment of judge is not a matter for choice by the Executive. And there are existing judges – not heads of courts as in South Africa but elected by other judges. A few weeks ago this column, I tried to explain why it is so hard to discipline members of the Judiciary without running foul of the necessity for independence. There is a risk that it will be a self-perpetuating body, reproducing a judiciary not attuned to the needs of a changing society – or a constitution intended to transform that society. This report describes the process of appointment of judges in the United States. § 631. But will they really understand the issues, and have the commitment to make the effort to understand them? This is a short topic. Is the process – more open than in many countries – transparent enough? h��UmL[U~ϥ�-�n�1n��`�c�B��?4��٢�-PV��*Zk��fa�6i�Np�D 6Qql.�3�$H��L֎��4��b$&�dɢ�T�E��/O�����}���$� |� �A!��ȱ��a��Ac���-r��J�.+Zv� �f��Ky��aԢ��s ��(4��yJ~e/H�I�)xc��$��Ui���T�}A��#�}��������ң � The JSC, though not perfect, has made some excellent appointments.

However, a study of best practices says, “It may also be valuable for a commission to include ‘lay’ members who offer a civil society perspective on the court system, or contribute expertise in other relevant disciplines such as human resources. When introduced into the draft constitution, these people would have been appointed by a largely ceremonial president, not the head of government. Tɸ F�z��+�@a/���W��%�i�K�7AΧ��H�l Q�j�MH�����O4�Ie��Uk�� i��Qxq�٥�AB�2�2F޳�B�s Do we have clear enough criteria about what makes a good judge in the Kenya of today? And do they have people who are not lawyers at all? The Judges are all heads of courts, and the Chief Justice chairs the Commission. Advocates see judges in action, the argument goes, and can best judge their qualities. Employment Judge Tom Ryan retires with effect from 20 October 2020. Its timing was, as you may imagine, suggested by the recent standoff between the Executive and the Chief Justice (who is not, despite fake news, about to go on leave pending retirement). And it also explained that the method of appointment of judges was generally reckoned to be important for securing judicial independence.

There are other factors that are important in selecting judges. The South African experience is not all positive. Some doubt the wisdom of it being chaired by the Chief Justice (but in 72 per cent of Commonwealth JSCs this is the position). Like us on Facebook to see similar stories, Kanye West charged up by Jennifer Aniston's 'Don't vote for Kanye' call, Jurassic-era fossil of 'Lazarus' fish expected to fetch £50k, Coral reef taller than Empire State Building found off Australia, Selena Gomez: 2020 is the first time I've voted, Peru's Machu Picchu reopening Sunday after pandemic closure, Marauding monkeys bring fear to historic Indian tourist haven, Kardashian slammed for 'tone deaf' 40th birthday tropical getaway, Pandemic slashes international tourism by 70 pct: UN, Elusive and extremely rare catshark captured in amazing video, Belgium's former King meets estranged daughter for first time, US announces $2.4 bn sale of coastal defense systems to Taiwan, Clooneys 'said they didn't know Harry and Meghan' at wedding, Komodo dragon photo sparks 'Jurassic Park' worries, Britney Spears' dad slams her lawyer as he says singer can speak for herself, Polish PM warns of "massive" COVID risk from abortion rights protests, K-pop band TWICE reveals its daring side on new album, Kyrgyzstan village untouched by political unrest, Taiwan same-sex couples to join military wedding for first time, Asymptomatic virus sufferers lose antibodies sooner: study, Japan, US begin military drills as China tensions grow, EU Nears Deal Allowing Limited U.S. Access to Defense Contracts, Brad Pitt's model girlfriend reunites with husband, 'Dangerous and dirty' used cars sold to Africa, 'Overwhelming' COVID second wave floods Swiss hospitals, The Repair Shop's Jay Blades launches new project for incredible cause, Jurgen Klopp names trio who can replace Fabinho at centre-back for Liverpool, Europe to send modules, astronauts to NASA moon station, Poverty stalks US middle class amid pandemic, Australian, New Zealand dollars outperform as economies escape lockdown, Chileans begin work on roadmap to new constitution, Turkey hails Pakistan Army’s efforts in war against terror, Ashley Graham says she's tried her own breastmilk and it 'tastes good', Australian measure of poverty unnecessary because welfare is 'comprehensive and targeted', Chrissy Teigen Tells Us Exactly Why She Took Photos With Her Stillborn Son, Barcelona aiming to end Juventus hoodoo, Mbappe eyes more away-day joy – Champions League in Opta numbers, Sony Raises Profit Forecast Ahead of Big PlayStation 5 Debut, Fast-Moving California Fires Threaten Million-Dollar Homes, Australia's Afterpay first-quarter sales more than double on U.S. growth, Bolivia's Morales calls for calm after protesters demand junta, Harry & Meghan's charity is 'already an operating organization', Merkel seeks limited lockdown as German virus cases surge, Real-life heroes: Celebs who've saved lives, Microsoft may earn an Affiliate Commission if you purchase something through recommended links in this article, President Uhuru Kenyatta and Chief Justice David Maraga at the Supreme Court of Kenya during the official launch of the State of the Judiciary and Administration of Justice Annual Report (SOJAR) 2018-19 on January 23, 2020, Unlimited access to 5,000+ magazines and newspapers; flat 50% off, Up to 70% off on apparel, and 15% more on your first order!

No. 20 October 2020 |Appointments and Retirements. The last word is absolutely crucial. A judge who is a brilliant lawyer, judge of the honesty of witnesses, would never take a bribe, and is hard working, but who will accept phone calls from State House or some lesser location, will bend the law to the wishes of government, or political party, clan elder or anyone else other than on the basis of the arguments of the parties, the evidence and the law, betrays the Constitution and the people of Kenya. Do they have practicing lawyers? Do they have serving judges? The International Commission of Jurists–Kenya organised an excellent webinar this week on the independence of the Judiciary this week (and you can watch it on You Tube at https://www.youtube.com/watch?v=-jqrCBQVoYE). appointment of United States magistrate judges, which are codified at 28 U.S.C. The government’s (or President’s) voice in the commission should not be strong: the Attorney-General (who is supposed to be not just the government’s lawyer but an upholder of the rule of law and defender of the public interest), those two members of the public who will feel under some obligation to the President, and perhaps the Public Service Commission nominee. Memorandum of procedure of appointment of Supreme Court Judges, Memorandum of procedure of appointment of High Court Judges, Compensatory Allowance to Judges of High Courts, Latest Orders of Appointment, Transfer etc, Provisional- Judges Handbook as on 1.5.2017, National Mission for Justice Delivery & Legal Reforms, Scheme for Action Research and Studies on Judicial Reforms, Court Management through JustIS Mobile App, Brief Note on World Bank Report on Doing Business-2018: Enforcing Contracts, Minutes of meeting held with respondents to world bank report on Ease of Doing Business. DN Pritt, who defended Jomo Kenyatta, would never, as an avowed communist, have become a judge. There is one from each of the Supreme Court, the Court of Appeal, the High Court and the magistrates. But they are not all the same. In many countries, this aspect of judicial independence has been a late arrival on the scene. But we should remember that the President is not only the head of government; he is the head of state.

For us, that was not what the drafters of the Constitution wanted, but those MPS who mutilated the draft in Naivasha in 2010 introduced this. The Attorney-General is there, and one persons nominated by the Public Service Commission.

We are spared the situation in the United States, where a President can change the nature of the Supreme Court, and the course of the law, if he is fortunate enough to have a few judges die during his term of office. Introduction Judicial independence is a central goal of most legal systems, and systems of appointment are seen as a crucial mechanism to achieve this goal. The voice of the Judiciary should be the strongest. h�bbd```b``���k��N�� "�$@$������`r2�4��A$��������L��j> I��`3�@$7�d_$?�d`bd`k� ��$�3�� ` S2M © Provided by The Star %%EOF In compliance of Supreme Court order - Technical specifications for installation of CCTV cameras in Court Complexes. 1812 0 obj <>stream Would we trust our MPs? Lawyers think (or some of them do) that there should be no judges, or fewer judges and more advocates. President Uhuru Kenyatta and Chief Justice David Maraga at the Supreme Court of Kenya during the official launch of the State of the Judiciary and Administration of Justice Annual Report (SOJAR) 2018-19 on January 23, 2020. His involvement in some public act – like making a formal appointment, or receiving a foreign ambassador – confers a sort of ceremony, underlines the importance. Interestingly, none from specialised courts like the Land and Environmental Court. 1805 0 obj <>/Filter/FlateDecode/ID[<26A526344205C04E98E6035A57D8D26A><1A3C818476CE744FA9DC83F025A7E39C>]/Index[1783 30]/Info 1782 0 R/Length 110/Prev 1597743/Root 1784 0 R/Size 1813/Type/XRef/W[1 3 1]>>stream Some people (including the President) find this surprising. At present (an appeal is possible) court decisions have held that the President has no role other than a purely formal one. %PDF-1.6 %���� And which type of members dominates?

Its members are the Minister of Justice, six members of the National Assembly (half of whom must be from the opposition) and four of the upper house, three judges, four practising lawyers, one university law teacher, and four people designated by the President after consulting the leaders of all the parties in the National Assembly (these are usually lawyers). At the circuit court level, Trump has installed 51 judges, or about 30% of all active judgeships, just one step before the US supreme court. Many would approve the idea of the body being very largely controlled by Judges, thus making the judiciary more of a self-regulating body, and more independent. The opinion of the CJI is binding on the Government. There are pros and cons of all the possible elements in a JSC. ����8횿[���bγ$.|��'q����Ms�d��Hg�l�!����ct����5��.�?�*r���T���B�c"!�B�P\�r �������y3��o���[�. The team is completed by two advocates and two non-lawyers, nominated by the President to be the voice of the people. Many are a mixture. Though it became hard for judges to be dismissed, they were appointed by monarchs, and later on the binding recommendation on elected governments. But overall, our system has not served Kenya badly. 1783 0 obj <> endobj • A judge who is a brilliant lawyer, judge of the honesty of witnesses, would never take a bribe, and is hard working. Looking at who are their members, we would ask: Do they have government officers? Shop now, https://www.youtube.com/watch?v=-jqrCBQVoYE. In accordance with 28 U.S.C. Do they have people with legal qualifications who are not practising lawyers? In judicial appointments, it is obligatory for the President to take into account the opinion of the CJI. The Kenyan commission is very different. Action Plan to reduce Government Litigation, Installation of CCTV Cameras in Subordinate Courts. Memorandum of procedure of appointment of High Court Judges List of Supreme Court Judges (as on 01.10.2020) (57.4 KB) List of High Court Judges as on 01.10.2020 (2.31 MB) Are our judges drawn from a wide enough cross-section of society? endstream endobj startxref

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