Says Appointment Of Judges By Another Branch Of Gov’t Impacts Independence
PHOTO: Prof. Patrick L.O. Lumumba addressing the ongoing international Judges conference in Liberia
By Garmah Never Lomo, garmahlomo@gmail.com
Monrovia, Liberia- Renowned Kenyan lawyer and activist, Professor PatrickL.O. Lumumba has told the ongoing African Regional Group Meeting and International Conference of the International Association of Judges that, appointment or method used to appoint judges or justices by another Branch of government has significant impact on the independence and autonomy of judiciaries whether positive or negative.
Prof. Lumumba is the Director of the Kenya School of Law and he previously served as Director of the Kenya Anti-Corruption Commission from July 2010 to August 2017.
According to him, if judges or justices are appointed or nominated by an independent body, the judiciary will be free from interference from both the executive and the Legislature.
Speaking on the topic: Building Integrity through positive Actions: A means of Ensuring an Independent Judiciary, the famous African lawyer and activist said:
“It is crucial to set and implement measures to ensure that appointment process are free from any influence that could hinder appointees from effectively performing their duties” the Kenyan Lawyer lamented. In countries with common law traditions, where the executive and legislative branches wield considerable influence over judicial appointments, a notable shift is underway” he added. There is a growing inclination to introduce more professional evaluation into appointment processes,” the head of Kenya’s law school added.
Professor Lumumba said that are countries where there are established Judicial Service Commissions with a mix of judicial and non-judicial members, who take part in evaluating judges for judicial positions.
In those with civil law traditions for example Morocco, he explained that judges are typically recruited through competitive exams, where existing judges often exert significant influence.
The prominent African Lawyer further stated that candidates have the opportunity to contest crucial recruitment decisions before an administrative judge. Moreover, judges in those jurisdictions generally possess the right to appeal decisions regarding their professional status, career advancements, transfer disciplinary actions, and other matters.
According to him, these appeals are typically adjudicated through judicial or quasi-judicial procedures administered by agencies predominantly composed of judges.
Prof. Lumumba also expressed that Mitigating politicizing of the judiciary is vital to preserving its integrity and independence. It is essential to ensure that judges are perceived as impartial arbiters of the law, free from undue political influence.
“Politicization rears its ugly head in various forms including marginalization of the judiciary by threatening its resource base, rendering it compliant and beggarly. “Dangers of Politicizing the Judiciary,” he noted.
To reduce politicization of the judiciary, Prof. Lumumba said that Judges or Justices should never forget to base their decisions solely on legal principles, precedent, and evidence, without regard to political considerations and to resist any political actors or interest groups to influence their decisions or undermine judicial independence.
Meanwhile, the Kenyan Lawyer is urging judges and justice in Africa and around the world to stand for the truth and uphold integrity, in order for them to have a sound sleep and go to bed with clear conscience.