Judges and magistrates who will opt to go home instead of being vetted afresh will get a “golden handshake” and a lifetime pension.
The farewell package from the Judiciary, which is being prepared by the government, will also be handed out to the judges and magistrates who will fail the vetting test as required under the new Constitution.
The government has decided to pay the benefits in line with the Pensions Act and not a lump-sum figure.
“Some judges had suggested a lump-sum to be paid to those opting to retire, but we felt that this will amount to inducement. “Their pension will depend on how many years they have served and in accordance with the Pensions Act,” Justice minister Mutula Kilonzo said on Thursday. This means that the officers will receive a quarter of their total retirement money and the balance will be paid monthly for the rest of their lives. Figures from the Judiciary showed that the basic salary of the highest paid judge is Sh481,000.
The basic entry salary for a High Court judge is Sh232,000 while that of Court of Appeal judge is Sh292,000
In calculating a judge’s pension, the government uses the basic salary only without including the allowances.
Since the Vetting of Judges and Magistrates Bill, which was published on Wednesday, is supposed to have been enacted by the end of October, it means the judges and magistrates will be vetted starting February next year, three months after the enactment of the law.
The Bill sets two months for the Vetting of Judges and Magistrates Board to be established and a similar period to prepare for the task.
Section 22 (2) of the Bill reads: “The Board shall have a preparatory period of two months during which it may undertake all tasks necessary to ensure it is able to work effectively from the commencement of its operations.”
The Bill gives judges and magistrates three months to decide either to be vetted or to go home.
The Vetting Board, which will have one year to conclude business, will be divided into three panels.
The first to face the test will be Court of Appeal judges and those of the High Court.
“The vetting of Court of Appeal judges and judges of the High Court shall be finalised within three months,” the Bill proposes. The Registrar of the High Court and its administrator will also be vetted.
The board will then turn to chief magistrates, magistrates and the registrars at their rank, an exercise that has to be concluded in six months.
The Nation learnt that the Judiciary had decided to send home one High Court judge who has attained retirement age. The retirement letter for the judge was prepared on Wednesday.
This means that the Judiciary has 44 High Court judges and 11 in the Court of Appeal.
All judges and magistrates have agreed to be vetted so long as the process is fair.
However, sources in the Judiciary said a number of judges and magistrates will opt for retirement.
This means the government will need to move quickly to appoint replacements to avoid a crisis in courts, which are already weighed down by a backlog of cases.
The judges, who have been on vacation, are expected back in their chambers on Monday, and that is when the Judiciary will start receiving information on those who will not want to be subjected to the vetting.
Another Bill that seeks to establish a seven-member tribunal to decide the fate of judges accused of incompetence or gross misconduct has been approved by the Cabinet.
The Judicial Service Bill to be published on Friday, lays out the criteria for the recruitment, removal, disciplining and promotion of judges and magistrates. Mr Kilonzo said if enacted, the Bill will radically transform the Judiciary and ensure that it operates independently and impartially.
Daily Nation
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