Editor's Review

Nyeri Town Member of Parliament Ngunjiri Wambugu has proposed changes to the judiciary that will trim Chief Justice Martha Koome's powers.

Nyeri Town Member of Parliament Ngunjiri Wambugu has proposed changes to the judiciary that will trim Chief Justice Martha Koome's powers.

The Nation on Sunday reported that the legislator is drafting a law that could see the Chief Justice kicked out of the Judiciary Service Commission and instead get replaced by a non-lawyer from outside the legal profession.

The proposed amendments could also see an overhaul of the Judiciary Service Commission which draws 9 out of 11 of its members from the legal profession.

CJ Martha Koome/Photo Courtesy

The Nyeri Town MP now proposes that a majority of the members of the JSC be drawn from outside the profession as he seeks to reduce the number of lawyers in the commission.

The proposed changes will also expand the JSC from 11 to 19 members.

The lawmaker is also seeking to have judges take personal responsibility in case their judgements are overruled b a superior court.

Litigants will be able to sue judges if an appeal is successful after a 'bad' judgement.

The Kieleweke allied Member of parliament is also seeking to introduce a jury system where some cases will be determined by a council of the defendant's peers.

The jury system is in use in countries such as the United States.

"We have a situation where one arm of the government serving 49 million of us is being coordinated by one profession," Hon Wambugu said.

According to the lawmaker, this radical move would ensure that judgements are based not only on the legal context but also on everyday life as experienced by jury members.

The fiery legislator described the judiciary as a lawyers' marketplace which was dealing with the common man and his proposals if effected would open the legal system up to the mwananchi.