OpenSeal Blog

Monday, August 25, 2008

Kenya Judges Should Sign Performance Contracts

The thinking of ordinary Kenyans is that we should and must eliminate corruption and anti-social practices, and jumpstart the economy to achieve our broad goals of 2030.

These objectives demand total commitment from all Kenyans. We must adhere to our obligations in performing our duties to give quality service.

It is therefore very encouraging to see that our Government has proposed that public servants will now have to sign performance contracts.

Service Contracts are part of job specification - outlining both the quantitative as well as qualitative parameters of one's duties in his/her employment. An employee or public servant is then evaluated on the basis of this set criteria, which is known to him/her.

It is against this background that both Prime Minister Raila Odinga and Justice Minister Martha Karua insist that judges and magistrates should sign performance contracts.

However, the Chief Justice Evans Gicheru and other senior members of the bench contend that such a move will undermine judicial independence in Kenya.

The arguments from those opposed to performance contracts for magistrates and judges are not supportable at all.

The new Constitution should incorporate necessary provisions to include Performance Contracts for ALL public servants including magistrates and judges.

The Judicial Service Commission should set down the mission of the judiciary, and the broad objectives and the strategies necessary for achieving that mission.

JSC should in fact develop evaluation techniques for magistrates and High Court judges, and judges of the Court of Appeal.

Those criteria should include the following: integrity; knowledge and understanding of substantive, procedural and evidentiary law; communication skills; preparation and preparedness; attentiveness and control over judicial proceedings; sentencing practices; quality of judgments; docket management and prompt case disposition; administrative skills; punctuality; effectiveness in working with participants in the judicial process; and service to the legal profession and the public.

Judges, Go ahead and sign Performance Contracts, You have nothing to lose.

alexander mogambi

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