Gicheru Ignores Tribalism And Nepotism As He Prepares To Launch Second Purge On The Judiciary

Chief justice Evans Gicheru yesterday disclosed that a second purge on the judiciary is in the offing after the infamous 2003 radical surgery, which he claims was a big success. However what the CJ must urgently address is the issue of tribalism and nepotism in the judiciary.

When the NARC government came to power, the then justice minister Kiraitu Murungi exerted his influence during the appointment of new judges to the effect that about fifty percent of them come from the Mount Kenya region or the Kikuyu tribe.

Adding insult to injury, most of those appointed had never been heard of before in the 'legal world' as they were small time lawyers struggling to make ends meet and desperately needed a lucrative job in the 'bench'.

A case in point is justice Mary Mugo. A wife to a former Kenya Airways executive, John Mugo who died in a plane crash in Ivory coast years ago, the lady justice was virtually unknown but due to her connection with the powers that be, was appointed to the bench with several other inexperienced and unknown lawyers.

She is currently grappling with a civil suite where a city lady is accusing her of attacking her and causing her serious bodily harm during a private party in Nairobi two years ago. The complainant is asking for hundreds of thousands of shillings in damages as her ear lobe was ripped off and she had to seek medical attention including reconstructive surgery at the Nairobi hospital.

Having been a neighbor for a number of years to the Mugo's at Akiba estate in South C several years ago, the assault accusations did not come as a surprise to me as the late Mugo, was often on the receiving end of these violent outbursts on several occasions. The daily fights had their toll on their young daughter whom doctors diagnosed with ulcers while she was at the tender age of 7 or thereabouts.

It is therefore interesting that persons with such pasts are now senior judicial officers with immense powers and responsibilities and were appointed to these positions because of ethnicity and not competence. It is such issues that Gicheru has to deal with very seriously in his second purge.

Justice Gicheru was perhaps the best suited candidate for the chief justice position but again, the nepotism and tribalism accusations are being perpetrated by members of his Kikuyu community and he might find it extremely difficult to deal with it and may otherwise chose to ignore the problem.

All said and done, the biggest blunder committed during the appointment of the judges was failure on the government's part to thoroughly scrutinize the history and lifestyles of those who had been short listed for the coveted posts.

Purge or no purge, the judiciary will continue being the laughing stock of lawyers and other stakeholders in the know if the government does not take action against officers like Justice Mugo who are more of liabilities rather than assets to the judicial system where integrity and probity counts for everything.

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