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Last Updated: Friday, 17 October, 2003, 07:39 GMT 08:39 UK
Kenyan courts grind to halt
Kenyan policeman
The police helped the magistrates to vacate their chambers
Confusion reigned in Kenyan courts on Thursday, a day after half of the country's senior judges were suspended while two tribunals investigate charges of corruption against them.

Nairobi High Court was a beehive of activity as judges hurriedly packed their personal belongings ready to vacate their chambers.

Scores of people sat idly outside after being informed that their cases could not be heard, or just watching the unfolding drama.

One of the few judges who escaped the purge looked overwhelmed after several urgent civil cases were moved to him.
It is better for cases not to be heard instead of appearing before a judge whose integrity has been publicly questioned
Kamau Kuria
Senior Counsel

One of the suspended Kenyan judges angrily denied taking bribes.

Justice Amirtal Shah told the BBC's Network Africa that he didn't know what he had been accused of.

"I'm very sad to leave this office. I 've spent 41 years here as a lawyer and a judge," he said.

President Mwai Kibaki suspended six of the nine Appeals Court judges and 17 out of 36 High Court judges on Wednesday and appointed two tribunals to investigate "allegations that the said judges... have been involved in corruption, unethical practices and absence of integrity in the performance of the functions of their office".

A report released last month said corruption was rampant in the Kenyan legal system, with almost half of the country's judges and close to a third of its magistrates said to be corrupt.

Analysts see the purge as a risky political move by the embattled Kenyan president, who has struggled to implement election promises during his first year in charge.

'Blessing in disguise'

Reaction to the suspension of the judges and the subsequent confusion was mixed.

"It is better for cases not to be heard instead of appearing before a judge whose integrity has been publicly questioned," senior counsel Kamau Kuria told BBC News Online.

For Christine Wangari the move could not have come at a better time for her.

"The confusion and the delay in hearing cases is a blessing in disguise because I will now lodge my case afresh, before a clean bench," said Christine Wangari whose case was being heard by one of the suspended judges.
Nairobi law courts
There was little activity at the high court after the judges were suspended

However, opposition parties criticised President Kibaki's move, claiming that the real motive was to remove judges appointed by former president Daniel arap Moi.

"This is wrong, they just want to do away with everything that is linked to Moi," Nick Salat, an MP from the opposition Kanu party told Reuters news agency.

'Surgical clean up'

President Kibaki, who was elected last year, vowed to rid the country of corruption to win back donor support.

Justice Minister Kiraitu Murungi promised that the new government would carry out what he called a "surgical clean up" of the judiciary.

But until Wednesday's suspensions, only two judges - Chief Justice Bernard Chunga and High Court judge Samuel Oguk - had been pressurised to quit.

Mr Chunga resigned in February, just days after President Kibaki appointed a tribunal into his conduct, while Mr Oguk resigned two weeks after he was arraigned on corruption charges.

Observers say that some of the suspended judges might opt to resign before the tribunals start working, while some might fight it out to the bitter end.

Justice for sale

The suspended judges are likely to face accusations ranging from sexual harassment to demanding and receiving multi-million shilling bribes.
Kenyan President Mwai Kibaki
President Kibaki pledged to end corruption

One judge, is alleged to have been seen red-handed in his chambers holding a bundle of currency notes he had just received from a rival party in a civil case.

Another judge is alleged to have had close personal relationships with counsel appearing before him and assisting the counsel to draft pleadings.

The process of appearing before the tribunal will be long, but Mr Kuria says that it is worthwhile.

"It will help restore public confidence in the judiciary," he says

Mr Kuria says he is confident that some of the suspended judges will be able to clear their names and eventually, either return to the judiciary, or retire honourably.

But whatever happens, Mr Kuria said, Kenya's judiciary will never be the same again.




SEE ALSO:
Kenya wields axe on judges
16 Oct 03  |  Africa
'Price list' for Kenya's judges
03 Oct 03  |  Africa
Calls to sack Kenya judges
02 Oct 03  |  Africa
Half of Kenya's judges 'corrupt'
30 Sep 03  |  Africa
World Bank pledges Kenya aid
23 Jul 03  |  Business
Profile: Kenya's anti-graft czar
17 Jan 03  |  Africa


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