Kiambu Senator Karungo wa Thang’wa has called for sweeping changes to the Kenyan judiciary, advocating for the establishment of a specialized Policy & Legislative Court within the High Court and a restructuring of the Judicial Service Commission (JSC) to enhance accountability.
In a letter addressed to the Speaker of the Senate, Thang’wa outlined his proposed amendments to the High Court Act and the JSC Act, emphasizing the need for a more accessible, efficient, and accountable judicial system.
The crux of the proposal lies in the creation of a dedicated court to handle lawsuits challenging government and Parliament policies and laws. Similar to the existing Employment and Environmental Courts, this new court would offer streamlined legal processes, leverage existing judicial infrastructure, and provide specialized expertise for such cases.
To ensure swift resolution of policy-related disputes, Thang’wa suggests a strict timeline of 30 days for adjudication. This, he argues, would bolster legal certainty, improve policymaking, and expedite judicial review for citizens aggrieved by government and Parliament decisions.
Beyond court reform, Thang’wa also proposes enhancing the JSC’s effectiveness and accountability through two key measures:
- Expanding the JSC membership: Thang’wa suggests including additional stakeholders such as religious leaders, representatives from other government arms, and ordinary citizens. This, he believes, would broaden perspectives and strengthen the Commission’s decision-making processes.
- Introducing periodic performance assessments for judges: Similar to the evaluation of elected officials, judges would undergo mandatory assessments at regular intervals. These assessments, conducted by a specialized body appointed by the JSC, would be transparent and merit-based, aiming to promote judicial excellence and public trust.
Thang’wa expresses confidence that these proposed amendments, if implemented, can significantly improve the Kenyan judiciary’s efficiency, accessibility, and accountability. He urges the Senate to give his proposals serious consideration, paving the way for a more responsive and effective justice system for all Kenyans.
