Havi says Executive wants to intimidate Judiciary from within, in BBI Ombudsman proposal

Law Society of Kenya (LSK) Nelson Havi
Law Society of Kenya (LSK) President Nelson Havi

LSK President Nelson Havi has faulted the BBI proposal to have the Judiciary Ombudsman appointed by the Executive, saying it will be a great derogation of the independence of the Judiciary. “We’ve seen deliberate attempts by the Executive to get into the space of the Judiciary to limit it,” he stated.

The BBI proposes an Ombudsman be nominated by the President and approved by the National Assembly. His or her tenure will be 5 years and will receive and conduct inquiries into complaints against judges, magistrates and other judicial officers. The Ombudsman will also engage the public on the role, performance of the Judiciary, while improving transparency and accountability of the courts.

Havi said having the President nominated Ombudsman at the JSC will be akin to having a spy and a government inspector in the corridors of the Judiciary, “We will be having what we call the government inspector within the Judiciary whose work will be to snoop and investigate..” He said the LSK will reject any amendments on the same.