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Search for CJ: For judge Ouko, justice is final product of court

 

William Ouko’s candidacy to the office of Chief Justice is not ordinary. It is not just about his hopes. Any judicial officer must look to the candidacy of the judge with interest and excitable sentiment.

If Justice Ouko were to emerge as CJ-designate, it would be an affirmation for judicial officers that it does not matter where you started, only your ambition and motivation will be your limit.

Justice Ouko, the holder of a Bachelor of Laws and a Master of Arts in Criminal Justice, started his career as a district magistrate of the second class after his admission as an advocate in 1987. 

He then pivoted from judicial duties as a magistrate to the largely managerial and administrative role of Deputy Registrar of the High Court in 1989. He rose to the office of Chief Court Administrator and was appointed High Court Registrar in 2002. It was then the highest administrative role in the Judiciary.

From there,  he was appointed a High Court judge in 2004. While in this role, his management acumen was revisited when he was made to lead the Task Force on Judicial Reforms in 2009.

Shortcomings of the Judiciary

In 2012, Justice Ouko was appointed to the Court of Appeal and elected its president in 2018.
The report of the task force carries his name: The Ouko Report on Judicial Reforms. Core to this was an admission that the Judiciary fell short of the legitimate expectations of the public in some ways.

The report acknowledged the need for a review of the disciplinary process of judicial officers in the form of a fair mechanism for judges and a disgruntled public to raise credible complaints.

Its core administrative recommendation was the recognition of the right of access to justice prior to the 2010 Constitution by the suggestion of a 24-hour duty court. This is yet to come into effect but the report shows an appreciation of the Judiciary as a service function on the part of the task force members.

Justice Ouko and the task force had the objectivity of recognising that the Judiciary needed to change to become a better service portal. 

The report was never fully implemented but the introspection shown by the chairman of the task force goes to say he is capable of looking internally and saying it as it is. 

One can say there is clarity on Justice Ouko’s mind on the shortcomings and strengths of the Judiciary as an institution that can be addressed from a management and administrative side.

Final product of the court

Justice Ouko’s judgments and decisions are telling on his approach to law and understanding of its purposes.

Two are indicative. The first is a decision he made at the High Court. He said the core business of the Judiciary is to do justice. Justice Ouko lamented that courts had fallen short of this purpose and chosen to worship at the altar of lesser ideals. He said there was need to offload technicalities in order to embrace justice. This could explain his philosophy as to the role of the law and courts. 

To a bystander, Justice Ouko is a realist. In his understanding, the judge must ensure justice is the final product of the court. One might add that in his view, procedures and technicalities must not be allowed to pollute the purity of the product.

The business allegory is important for Justice Ouko – the Judiciary is the manufacturer of a product for the nation in the form of justice.

In the Appellate Court where cases are heard by more than one judge, Justice Ouko is rarely in dissent. Could this be that he dislikes confrontation? The guess here could be due to his belief or appreciation that collegiality is important and leads to judgments that are not diluted.

Commitment to collegiality among the judges is good for the president of a court.

Longevity of service

Another imperative for a person aspiring to be CJ is courage, especially where it may involve persons who wield power over the court or individual judges.

In the appeal by a former Deputy CJ on the retirement age of judges, Justice Ouko was part of a panel of a bold Court of Appeal, which held against the Deputy CJ. 

The judges invoked their oath of office, citing the need to do justice fairly without fear, favour, ill-will affection but with the object of promoting respect for the Judiciary. 

If longevity of service in an institution as an indicator of the ability to serve as its head were the sole ground for a decision, then the candidacy of Justice Ouko is formidable. 

But he brings a rich management experience within the institution he seeks to lead, an understanding of its weaknesses and not least the courage to undertake what needs to be done irrespective of whoever ends up being on the stinging end of the decision.   BY DAILY NATION 

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