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News Monday, October 20, 2003 Constitutional review officials on LSK list for new judgesA crackdown on corrupt lawyers is expected to start soon, even as the clean-up of the judiciary gets into top gear. The long-awaited clean-up by the Law Society of Kenya comes in the wake of reports that a list of possible replacements for the 23 judges suspended last week had already been presented to Chief Justice Evan Gicheru for consideration. It also comes at a time when there are growing demands by religious and political leaders that the legal profession clean up its act, just as the CJ had done with the judiciary. Sources told the Nation that among the lawyers whose names have been presented to the Chief Justice for possible appointment as judges and magistrates are commissioners in the Constitution of Kenya Review Commission. Sources close to the Law Society of Kenya said that some names of the commissioners and staff were part of a list of about 500 names of "clean" advocates presented at the end of the week by the LSK, reportedly at the request of the Chief Justice. Among the commissioners whose names are being floated for the Court of Appeal are that of Prof Okoth Ogendo, one of the three CKRC's vice-chairmen and the Bomas conference's rapporteur general. Commission secretary Patrick Lumumba is also said to have been recommended by the LSK. Dr Githu Muigai, the sources indicated, could land an appointment to the Court of Appeal. His name as well as that of Mr Isaac Lenaola is said to be among those presented by the LSK. Ms Pauline Nyamweya, one of the four deputy secretaries to the commission, is also said to be in the list of possible judges of the High Court. Ms Nyamweya is a law lecturer at the University of Nairobi. Others whose names are proposed for the bench from the CKRC are Riunga Raiji and Abida Ali-Oroni. And as a result of this, there are fears that the constitutional review would be further delayed if a large number of CKRC employees have to take up judicial duties. Reports that replacement judges would be named later this week have focused attention on lawyers, and particularly the LSK, which has been vetting its members to provide the list of between 70 and 100 members who meet the conditions to be appointed to the Bench. Yesterday, the Chief Kadhi, Sheikh Hammad Kassim, defended the Ringera report against accusations that it was not fair, saying it was a credible record of the state of the judiciary. Urging those named to resign or face the tribunals set up last week, Sheikh Kassim said the spotlight should now be turned on lawyers and other judicial officers. He said graft in the judiciary would only be eliminated if the campaign targeted all those in the justice system, including lawyers and the police. "It is not only judges and magistrates who are corrupt but also lawyers and prosecutors. The government should target all these people to effectively deal with the problem of graft in the judiciary." The Chief Kadhi said academic achievement should not be the only qualification necessary in the selection of those to serve in the judiciary. Five Opposition MPs also called for the investigation of lawyers and suggested that those found to have been involved in professional misconduct be prosecuted alongside corrupt judges and magistrates. Spealing to journalists in Sotik, Mr Mwancha Okioma (Kitutu Masaba), Godfrey Masanya (North Mugirango) and Paul Sang (Buret) called on the government to allow Parliament to vet lawyers proposed to replace suspended judges and magistrates. They praised the purge on the judiciary and asked the government to compel the judges to forfeit the property they had corruptly acquired to the state. Mr Okioma criticised the Law Society of Kenya for allowing lawyers that had conned clients of money and those involved in other professional misconduct to continue practising. "They should put their act together first before attempting to propose names of lawyers to replace judges and magistrates," he said. Mr Masanya appealed to the government not to favour particular regions in the appointment of new judges and magistrates. Elsewhere, Lugari MP Enoch Kibunguchy said the President should have appointed judges from outside the country, particularly from the Commonwealth, to investigate the judiciary to avoid allegations of witch-hunting and tribalism. "The Chief Justice should have appointed a parallel team to probe the Ringera committee so as to be fair to all players in the judiciary," he said. Dr Kibunguchy said all judges and magistrates, including the Chief Justice, should have resigned and reapplied afresh for their jobs. Budalang'i MP Raphael Wanjala said the purge on the judiciary was a demonstration of the government's commitment to fighting corruption. He added that the clean-up should be extended to the police, the legal profession and other institutions. Reported by Ngumbao Kithi, Angwenyi Gichana, David Mugonyi and Njeri Rugene |
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