October has been a tumultuous month for the Kenyan judiciary. It has survived public scrutiny until now.

And yet, since 2001, the Judiciary has enjoyed some of the best salary packages in this country.

In October 2000, the 30 High Court judges and 11 of the Court of Appeal hit newspaper headlines when they lobbied for salary increases of more than 800 per cent. That would raise their basic pay . from Sh66,885 to Sh600,000 and, not unexpectedly, it sparked off a public debate. But that was not all. The judges were also seeking an upward review of their house, travel and miscellaneous allowances and a medical scheme then calculated to fetch them a gross monthly income in excess of Sh2 million.

The Chief Justice then earned Sh102,060 a month and appeal judges Sh87,765.

On a monthly basis, the salary budget was coming to Sh85 million, or more than a billion a year.

The demands came two days after a High Court judge, Mr Justice Andrew Hayanga, then serving in Mombasa, said at a public function that Kenyan judges were among the poorest paid in Africa.

The issue, which had been simmering for months and had even discussed between judges and the CJ, was brought to the fore by the revelation that some civil servants in the famous "Dream Team" of economists appointed by the then President Moi to help revive the economy, were together earning Sh10.8 million a month. The clamour was also fuelled by an increase in the allowances for MPs. 

However, lawyers, politicians and other leaders supported the call but maintained that an 800 per cent increase would dent the budget. The monthly salary was eventually raised in 2001 to about Sh130,314 for the least paid plus allowances of about Sh227,290 

On October 4, 2001, retired President Moi appointed five more High Court judges, Mr Justice Lawrence Ouna, Mr Justice Nicholas Ombija, Mr Justice David Onyancha, Lady Justice Jeanne Gacheche and Mr Justice Robert Mutitu. 

Lady Justice Gacheche was then a commissioner of assize and the company secretary of Agricultural Financial Corporation. She was the sixth woman to be appointed to the Bench. Mr Justice Mutitu was the chairman of Community Service Order.

Mr Moi advised the judges to uphold dignity and justice in their work. He also expressed confidence in the Bench but pointed out that the country needed more judges to clear the backlog of cases. Their appointment then brought to 36 the number of High Court judges.

Both Mr Justice Mutitu and Mr Justice Ouna, 71, who had then served as a lawyer in private practice since 1978, have now been suspended over allegations of corruption.

October last year was perhaps one of the most trying for the Bench. 

A major row emerged between a section of the judges on one hand and the Law Society of Kenya, backed by the other section of the Bench, on the other hand, over the judicial reforms proposed in the constitution review.

Some of the judges, with the full support of the Kanu government, were opposed to among other proposals in the draft constitution, that their retirement age be reduced from 74 to 65 years and that they be subjected to new qualification requirements.

Two of them, Mr Justice Moijo ole Keiwua of the Appeal Court and Mr Justice Vitalis Juma of the High Court, both of whom are now under suspension, obtained temporary High Court orders seeking to block discussion on the section of the draft constitution which dealt with the reforms in the Judiciary.

The move prompted weeks of protests by the lawyers body, chaired by Ms Raychelle Omamo. It was also opposed by a section of judges who supported reforms. The LSK initiated the "Yellow Ribbon Campaign" to express support for the Ghai team. Lawyers, human rights activists and others wore yellow ribbons which occasionally raised tension between them and the judges.

On another front, The LSK's Rapid Response Committee wrote under confidential cover to individual judges asking them to disown the case and disassociate themselves with the their two colleagues who had filed it.

Apparently, the letter was signed by among other lawyers Mr Lee Muthoga (who is now heading the tribunal that is set to try the High Court judges implicated in corruption) and Mr Nzamba Kitonga, a member of the tribunal that will hear the accusations against the appeal judges. 

The lawyers told the judges to retain their integrity and public support by dissociating themselves with the case.

Six judges wrote back to LSK and condemned the suits. One of them even wrote to the CJ stating her position and asking the CJ to intervene and have the cases withdrawn. Instead, the CJ summoned her to his office and reprimanded her.

Her official limousine was withdrawn in a move that was deliberately intended to intimidate her and others who sided with the lawyers.

The LSK committee, led by Ms Omamo, met some of the senior judges including Mr Justice Bernard Chunga. Others were the current CJ, Mr Justice Evan Gicheru (then in the Court of Appeal), Mr Justice R.O. Omollo, Mr Justice Samuel Bosire (now heading the Goldenberg Commission of Inquiry) and Mr Justice Tom Mbaluto (the head of criminal division), who is also under suspension.

On October 9, the lawyers moved the Yellow Ribbon Campaign further. They disrupted court business countrywide by boycotting proceeding and staging street demonstrations in their gowns. The case was later withdrawn.

In their recommendations presented to the Ghai team earlier, some judges had proposed that they retire any time after attaining 68 years but the limit be 74 years. Others proposed that Parliament be left to set the age limit as opposed to the stipulation in the Constitution.

The Judiciary under Mr Justice Gicheru has now taken the middle ground and recommended that judges retire at the age of 70. 

The Narc government gave the first indicator that a purge on the Judiciary was on the way when President Kibaki appointed 19 lawyers to the roll of Senior Counsels, making it constitutionally possible for them to sit in tribunals and try judges.

But earlier in October 1998, Court of Appeal judge Richard Kwach had called for an overhaul of the Judiciary, and appointment of a new team. The wish is now partly achieved but unfortunately for Mr Justice Kwach, he is himself among those set to face the tribunal over allegations of corruption.

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