The High Court in Nairobi
The board claimed that the judgement of the Supreme Court delivered on December 19, 2014, made on the jurisdiction of the board, limiting areas they should probe, is affecting the vetting process.
The board?s chairperson Sharad Rao said the cases the board is supposed to handle are those that affect judges with integrity issues who were in office by August 27, 2010, which was the effective date of the enacted Constitution.
The judgement delivered indicated that the board?s jurisdiction was only limited to acts committed before the said date.
Mr Rao said the Judicial Service Commission (JSC) would handle any case after August 27, 2010. He, however, said this limits their power to declare unsuitable magistrates as unfit to hold office.
?We have encountered instances where a magistrate confesses that he has accepted bribes from the public after August 27, 2010, and, therefore, there is nothing we can do but to declare him suitable,? said Rao.
He argued that most of the magistrates and judges who have served for long joined the judiciary following their closeness to the Cabinet or powerful people back in the days.
Rao said it was for this reason that they look at the magistrate?s conduct before they joined the system.
By Rushdie Oudia, The Standard