Prof. Michael Wabwile
By John Kariuki
Worth Noting:
- Michael Wabwile has promised members of the Law Society of Kenya that he will not interfere, disrupt, or tamper with members’ food chains.
- “I am the only candidate for JSC Commissioner who has guaranteed in a sworn statutory declaration that I shall not practice in any tribunal or court of law during my single term at the JSC. A JSC Commissioner who takes up litigation work will grossly disrupt and upset the practice space and displaced members because you cannot compete for work against a JSC Commissioner.”
- This means that I am the only candidate for JSC Commissioner who will protect and promote the LSK Members’ existing food chains.’
Professor Michael Wabwile, a senior fellow in the legal profession spanning close to three decades, has rolled his sleeves ready to represent the Law Society of Kenya as the Male Representative at the Judicial Service Commission.
“My name is Professor Michael Wabwile I’m a council member of the Law Society of Kenya and one of the four upcoming representatives. I’m a Professor of Law and the Founding Dean of the Law School at Egerton University, I’m a candidate for the male representative at the LSK to the Judicial Service Commission.
I bring a stock of knowledge and experience to this office, including a technical understanding of the position’s responsibilities and the job description. I have 27 years of experience as an advocate since my admission in the bar in 1997, I have management experience of over 18 years and I also have board experience of 7yrs at Kenya School of Law board.
I have stepped forward to provide leadership and make a unique contribution to the development of our Judiciary as a Member of the Judicial Service Commission.
Prof. Michael Wabwile has promised members of the Law Society of Kenya that he will not interfere, disrupt, or tamper with members’ food chains.
“I am the only candidate for JSC Commissioner who has guaranteed in a sworn statutory declaration that I shall not practice in any tribunal or court of law during my single term at the JSC. A JSC Commissioner who takes up litigation work will grossly disrupt and upset the practice space and displaced members because you cannot compete for work against a JSC Commissioner.”
This means that I am the only candidate for JSC Commissioner who will protect and promote the LSK Members’ existing food chains.’
On Saturday, Prof. Wabwile candidly shared his manifesto with this writer:
“Towards this, I have two agendas: one is to oversee a Judiciary that works. In many countries especially developing countries, systems don’t work, even in this country you go to some places, registries, and public and private offices things don’t work.
During my watch, I seek to introduce eight policy innovations: to improve the functioning of the courts and open a new chapter in the people’s experience with the Judiciary.
I’ve issued two statutory declarations, and each of them has timelines. One of them is to introduce a new judiciary staff recruitment policy within nine months. To introduce a new staff training policy within twelve months. So, all my manifesto pledges are time bound which means I have to deliver them within the time I have pledged.
There’s no guesswork of whether I may or may not, this is serious and I have consulted with my advisory team and we have concluded that the time we need and the time we have allocated are just okay; I can even deliver before the time I have stipulated. So, this is signed, commissioned, and sealed. I have filed this with the CEO of the Law Society of Kenya, I have sent it to all the eight branch chairpersons and also, and I have filed this with the CEO of the Ethics and Anti-Corruption Commission so that they can monitor my performance when members take me to the JSC.
I have not seen any candidate who has legalized their manifesto. And even members have told me that they are taking me to the JSC and if I don’t deliver as per the manifesto, they will petition for my removal for failing to fulfill a statutory and professional undertaking and I have said yes, I’m ready to face the petition but I will not wait to face the petition probably I should just resign, either I deliver or I resign. That is how people should behave in public office. Because of that I mean to perform. I want to say T.I.N.A (there is no alternative) but to perform.
One of the policies I have said is to introduce a judiciary anti-corruption policy so that the Judiciary itself is dealing with corruption in its ranks.
Because, as at now, the judiciary does not have an anti-corruption policy. They are being told they are corrupt but they do not have a policy document dealing with corruption within their ranks.
So one of the best ways to instill institutional culture change is to introduce a policy in which the staff and the people in that place, agree, they own up to what is being dealt with in the policy and they agree to do something about it.
And then we also have the outside stakeholders exerting pressure on them, there should be internal pressure through the internal policy and external pressure on how we are supposed to deal with them if they fail.
We want a judiciary that works. Judiciary officers are overworked, they are underpaid and sometimes advocates temp us with bribes. We shall review within twelve months the staff remuneration, benefits, things to do with transfers, some people think that this is an issue for representatives of judicial officers in the commission. Coz the Magistrates have a representative, High Court Judges have a representative, court of appeal judges, supreme court judges have a representative. I’m telling them this is my business. A judiciary that works is my business. If you want to have high performance you should have good compensation, for the person who is entrusted with delivering value. There will be temptation but if you are paid well, the threshold of falling victim is slightly improved than when you are critically on the edge all the time.
In agenda two I set out my code of conduct. You see, you can be doing so well but you are also harming your friends and colleagues. For example, A Judicial Service Commission member who is also practicing is obviously doubling in conflict of interest. Coz, you sit on the board that employs judges and magistrates and then you appear before them to do your case. They feel like they should help you because you are one of their own; they will come before you for shortlisting and for promotion.
There are files where there are complaints against them that are before you. You can find a JSC member who makes a phone call and talks to the Judge to help so and so in that judgment. All that is wrong.
And I have also said, a JSC person can also use that position to amass a lot of work, money, and wealth because clients run after you because you can help them better than the other advocates who do not have the Judiciary connection.
The law does not say anything about this. Like now I say I shall serve one term only, the Constitution allows a Commissioner to be nominated for another term. But we have said our values are even higher than the Constitution. It should be amended to provide for one term. Five years are enough, board members serve three years.
Practicing in these courts when you are a Commissioner, the Constitution is silent, but the leadership and Integrity Act in the Constitution say there should be values – leadership and integrity. Conflict of interest is an issue that is outlawed in the Leadership and integrity act.
So we have interpreted to mean a Principled JSC Commissioner who is an advocate, representing LSK should not practice in these courts during his tenure.”
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