RE: QUESTIONS TO THE CHIEF JUSTICE
Dear Sir, Good day and Regards from kkibet.wordpress.com
Allow me to ask you Three Questions Sir; I choose the online medium because if my memory serves me right, within the week of your appointment you announced your entry into Social Media as a way of prompting sincere, transparent and forthright conversation.
Dear Sir, my questions are informed by the fact that you derive your Judicial Authority from the people of Kenya.
As such, as established by and under the Constitution, the people of Kenya have a right to scrutinize the office of the Chief Justice and any dealings in your office in the interest of transparency, fairness and independence in and of the Judiciary.
I seek your thoughts, education and philosophical notes on the matters and notes below every question, if you have a minute in your schedule;
Drawing upon that foundation, I seek clarification on the following;
1) Is it true that you reside in a house that you lease directly from Prof. Peter Anyang’ Nyong’o, the Minister for Medical Services of the Government of Kenya, who is also a Senior Political Party Official?
I ask that aware that paying Rent is a contractual affair. That it may not translate to affecting your work directly. But awake to the fact that perception of a Free and Fair Judiciary is comprehensive. That is why Salaries of Judges are paid directly from the Consolidated Fund. Employment of Judges has also ceased being an executive affair. It is my opinion that the Judiciary should be able to put or buy houses for its chief staff so as to guarantee real and perceived independence, but I would appreciate your thoughts if the answer to the question is a yes.
2) Divorce Case
I have checked and confirmed that there exists an active Divorce Case by your ex-wife Prof. Beverle Michele Lax – whereas that is a Judicial process, both of you accuse each other of serious issues, my question is, with you sitting in office as the Head of Judiciary is she assured of a fair trial? I am reminded of a High Court Judge who stabbed a motorist and he had to step aside till the matter was decided. I appreciate that was a Criminal Case and the Divorce one is Civil. I invite your thoughts on the matter.
3) Closed Door Meetings
I read that you met Prime Minister Raila Odinga behind closed doors. I appreciate other than being a Presidential aspirant he is a co-Principal in Government. My concern is that after the Closed Door meeting you spoke about elections. On that basis I would urge you meet all the other candidates including Kingwa Kamenchu, Ben Mulwa and others behind closed doors and discuss same content on elections. I may be wrong but addressing those concerns will continue casting you in strong positions as far as perception is concerned.
That is especially so, because the Judiciary will play a key role in the election process and its acceptability will based on perception, long before performance comes to light.
I must admit, that compared to you Sir, I am a novice in matters law, in terms of age I am outdone in matters experience, but I raise the points with a view of having an online discussion based on those issues I raise I will send a copy to your email, but in Public Interest I will post this on the World Wide Web as we can have a debate recorded in a wider space and one that has the participation of the public.
I appreciate your time and I wish you the best as you continue in your efforts to deliver a Judiciary that can stand white in the old age maxim that “Ceasar’s wife, must be beyond reproach”