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Why BBI Threatens the Independence of the Judiciary

Carrigntonmudavadi 10/21/2020

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If the BBI report is passed and the constitution is amended, then the Judiciary will just be independent by the word of mouth but in reality, it will be at the mercy of the President.

Here is the reason, the report recommends the creation of the office of judiciary Ombudsman, the holder of the office shall be nominated by the president and approved by parliament.

The duty of judiciary Ombudsman will be to receive and conduct inquiries into complaints against judges, registrars, magistrates, other judicial officers and staff of the judiciary. After which he will file a report on recommendations and actions that the judicial service commission should take.

The task of receiving complaints about judges, doing inquiries and giving recommendations on judges is currently done by the JSC. The Judicial service commission is composed of 23 representatives from different Government agencies and civil society making it independent.

But transferring a critical task like investigating the conduct of a judge to a single individual who has been appointed by the President doesn't sound right since the individual can take orders from the person who appointed her/him which kills the independence of the judiciary.

The President can use his appointee to revenge on a judge who ruled against him or his decision by his appointee recommending negatively on the judge at the JSC. This means the president will have a 100% influence when it comes to investigating judges which is not right.

But as Raila Odinga said, the report is not a cast on stone hence that part should be edited and status quo maintained.

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Content created and supplied by Carrigntonmudavadi.Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address [email protected] and/or report the article using the available reporting functionality built into our Platform. Read more>>
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