The judiciary does not plan to hire foreign judges unless inadequate Kenyan lawyers apply for the vacant positions, Judicial Service Commission (JSC) member Tom Ojienda has said.
Ojienda, who represents the Law Society of Kenya’s (LSK) in the JSC, said a section of the media misrepresented what Chief Justice Will Mutunga said recently regarding the matter.
“The CJ was only encouraging advocates who are competent to apply. As for the hiring of foreign judges, he was only alluding to a constitutional provision that empowers the JSC to do so.”
He said there is a provision in the constitution that allows law practitioners from the commonwealth to apply.
“I am only encouraging Kenyans to apply for these positions which shall be advertised in the next four months or thereabout,” he said.
He said that most Kenyan lawyers may lack the experience required which may necessitate sourcing from outside. Ojienda added that he was confident that the number required could be sourced locally provided qualified lawyers applied.
“In the past, advocates have not been interested in these judiciary positions. We are improving the conditions and terms of service of judges and magistrates to attract private practitioners,” the Nakuru-based lawyer said.
Mutunga was quoted as having questioned the integrity of Kenyan lawyers seeking to join the bench. He said that although many lawyers were vocal in attacking appointments to the bench, some were incapable of becoming judges.
“Before we start debating whether or not to aggressively seek candidates from the Commonwealth, the LSK owes itself and its members a candid discussion on why so few of its members meet the competence and integrity threshold required of judges,” Mutunga said while addressing the recent LSK AGM in Nairobi.