One of the best ways to tame Judicial capture is by having a balanced JSC . For now its skewed to Uhurus favor . One thing for sure is in the past LSK have always played the critical role of being arbitrators in JSC . That is if Advocates elect the right representatives . In 2010 they elected Florence Mwangangi and Grand Mullah. The results were we got very good people coming to Judiciary . They even gave us CJ Mutunga majority of Judges went to the chopping board . Now once politics divide LSK and they put Political leaning Advocates like Ojienda in JSC then we get problems . Thats how you find Mwilus as DCJ and judges never subjected to disciplinary measures .
Now the President has a big leverage in JSC He has a hand in nominating members in JSC . He nominates 2 direct representatives (Refer H below), PSC Rep ( Refer G below) and AG (Refer to E Below).
Now come 2022 With regime change expect changes to JSC with the new President . Now what will matter is LSK Reps . Lets say if Koome decides to go the route of frustrating Judiciary (the current path she is) With new presidents 4 reps and if half of Judiciary rep (say 3 out of 5 ) gang up then JSC can send petition to President for CJ Removal . If lets say She decides to be pro Judiciary as was the case with Maraga - Removal will be hard as they have an upper hand of 5 . Thats where LSK Reps come in . Most of the LSK rep have personal relationships with Judges as they went to same school or have practiced together or have simply collaborated in corrupt deals . However as was the case with Ojienda sometimes Tribe takes priority . Hence the hustler Nation should try as much as possible to win the LSK reps position during the forth coming elections .
There are underhand dealings why the St Marys Alumni abandoned Ngatia for Koome . We will come to know as Koome might turn against them and they will start snitching . We have seen this game play before .
All said and done , Judiciary politics is even worse that party politics . Mutunga and Githu Muigai attested to this . Lets see how Koome will balance this . Under the new constitution its a tricky balance . You saw Mutunga abandoning activists for politicians (He needed the money to transform Judiciary) , You saw Maraga going against Executive he left Judiciary having done 0 Transformation , he tried to cover that using Judicial Pronouncements which when its all said and done they will remain as a footnote in Judicial Transformation
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Pundit & Ruto wanted Ngatia who is more independent- minded. But Uhuru JSC crew rigged in Koome.
All Kenyans want independent judiciary.Thank you.Koome is being watched like a hawk coz they rigged out Ngatia and her kuhara rulling.Like Mwilu she will have it rough if she is not clean.This is a new Kenya. Judiciary itself will go rogue on her if she plays Uhuru games