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Editorial Sunday, October 19, 2003 Ensure thorough clean-upWith the appointment by President Kibaki of tribunals to look into the allegations made against more than 20 judges, the Government is showing that in no uncertain terms that it's fight against graft will be carried out with bare knuckles. The public excitement over the purge in the judiciary, which has been extended to cover magistrates, was, in fact, long overdue. Almost every Kenyan who has found his or her way into the court corridors, seeking justice or following up a matter involving a relative or friend, knows about the blatant bribery demands. All will be saying that the crooks behind the web of extortion that has subverted the delivery of justice must be broken now. Some of those alleged to have abused their offices are denying the claims and have said they will face the tribunals and clear their names. This is as it should be because suspects are innocent until proven guilty by a court or any other competent body. There are, therefore, exercising their cardinal human right. However, of note also is the decision of some of named judicial officers to opt out and save themselves and others the agony of lengthy tribunals. But if there is concrete evidence that such people played a part in the monumental mockery of the process of justice, they must be made to pay the price, somehow. And the way to do it is press ahead with criminal prosecutions as has been indicated by the Government. Interestingly, the Law Society has carried out a parallel investigation of the rot in the Judiciary and will present its findings to Chief Justice Evan Gicheru. And according to the LSK, there is agreement with the Judge Ringera report on most those accused of corruption and other malpractices. But the LSK has also pointed out that its own list includes some people who were spared by the Ringera investigation. We want to reiterate that what is going on in the Judiciary is good for the entire nation. It should set in motion a process of regeneration and rejuvenation that should go a long way in correcting the Judiciary's badly tainted image. A situation that has been documented where litigants could just walk into the courts and buy favourable rulings is a monumental shame. As we welcome the LSK's contribution to this vital national campaign, we want to remind all that we are only dealing with one side of the story. It's obvious that the crooked judges and magistrates did not plan and execute the sleaze on their own. There is another side to this story; the role of the bar. It's, indeed, true that the LSK has routinely disciplined its errant members by striking their names off the Roll of Advocates. However, this new allegations appear to call for more stern action against the people who are dragging this noble profession through the mud. |
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