County judges-Kenya - Justice and Constitutional Affairs minister Mutula Kilonzo has welcomed proposals from MPs to appoint county judges as the country begins the journey to reform the Judiciary. The minister spoke in Parliament as he thanked MPs for overwhelmingly supporting the Judicial Service Bill--which provides for the appointment of new judges. "This House has risen to the occasion and is making history by debating these Bills -the Vetting of Judges and Magistrates Bill and the JSC Bill," the minister said. The two Bills have sailed through the Second Reading (debate) in Parliament and are awaiting amendments.

The amendments to the Vetting of Judges and Magistrates Bill, 2011 were scheduled for Parliament yesterday but they were not ready when the House sat for the afternoon sitting. This allowed for debate on the Judicial Service Bill 2010.

The minister said it was crucial for judges to always maintain their impartiality and not show "disrespectful behaviour to litigants" as this tends to infringe on the litigants' right to be heard.

"A judge must channel anger appropriately, no matter the provocation," said the minister adding that judicial decisions have to be reached based on law and not based on temperament.

The minister said interviews in private were crucial so that candidates who want to be judges don't shy away from the controversy associated with political vetting.

Mr Kilonzo said that complaints against judges will also be reported "as long as they are not flimsy." He added that the Judiciary, through the Judiciary Fund should retain the remaining amount at the end of the financial year.

The proposal to advertise, he said, will not be in local newspapers, but in the Kenya Gazette and the Judiciary website. He alluded to the ongoing controversy surrounding the Executive's nominations of constitutional office holders saying the dispute ought not be replayed when it came to the appointment of judges.

"Let's involve the public," he said.

The minister urged his colleagues to present amendments to the House to help in reforming the Judiciary.

"The time for Kenyans to stop doublespeak when it comes to the Judiciary has come. The time to stop condemning the Judiciary is here," said Mr Kilonzo as he assured MPs that the ministry will strive for transparency and accountability in the new-look Judiciary.

"I am unable to find any justification for recruiting judges from outside of Kenya."

He recalled that the Interim Independent Dispute Resolutions Court, established to handle disputes arising from the referendum last year, had foreigners, but all cases filed in the court were determined by Kenyans.

The minister also vowed to bring amendments to boost the Witness Protection Agency, by having it represented in the proposed National Council for the Administration of Justice.

"A lot of people continue thinking that whenever we talk about witness protection, we're talking about the International Criminal Court. No, my concern is with witnesses in drug trafficking, rape, paedophilia and such other crimes," the minister told the House.

Alphonce Shiundu

Daily Nation/16/02/2011