ROUGH GAME : FAVOURITISM AND DISCRIMINATION AS OVER 5000 KENYAN JUDICIAL STAFF CRY FOUL PROMOTIONS
By Chris Ojow
It is a state of mental anguish clouded with suspicions, torture,
traumatized , very demoralised physically and spiritually as close to
nine hundred Judicial Staff who applied with majority shortlisted
for interviews in the year 2019 , geared towards promotions,
redesignation and salary increments are still in the dark over the
outcome.
The Chief Registrar of the Judiciary , mandated by the Country new
2010 Constitution under article 161 clause 1 roman (c) , where he or
she shall exercise Powers of administrator and accounting Officer of
the Judiciary , is being accused by the Kenyan Judicial Staff of
neglecting their immediate plights and only perfecting the role of a
public relations officer .
Fearing uncalled for dismissals, unnecessary intimidations and
being transfered to hardship Regions for opening up , the mentally
disturbed , demoralised Kenyan Judicial Staff are now calling for the
newly appointed first Kenya female Chief Justice and The President
of the Supreme Court Martha Koome , to intervene on their plight
and with speed , resolve the long standing sensitive administrative
urgent issue by exercising the powers given to her by the Law
through Article 161 , clause 1 , roman (b) as the Head of the
Judiciary.
African Times Media Award winning crime investigation
Photojournalist Chris Ojow ,after getting wind over the disturbing
issue of Kenyan Judicial Staffers short changed promotions ,
redesignation and salary increments. Investigated and found out an
embarrassing report .
Where in few cases , some Judicial Staff were promoted without the
due process being adhered too , while majority of staffers who
Graduated in the year 2012 holders of Degree has never been
promoted to get salary increments .
From the Chief Registrar of the Judiciary/Secretary, Judicial Service
Commission, the memo authored on 19 August year 2015 by Anne
.A. Amadi and copied to the Chairman JSC and Director Judicial
Training Institute , directing all Magistrates and Judicial Staff during
a training on guidelines for processing promotions and
redesignation .
where they were informed that promotions will be considered
inline to their cadres and redesignation will be considered within
individuals grades, attainments of academic and professional
qualifications of Bachelors, Masters and PHD staff will
automatically lead to increment in salary structure .
Despite the fact that majority were found to have attained the
requirements in the year 2015 , it is alleged that only Magistrates
benefited from the training program and Judicial staff very few
selectively benefitted.
As goal posts being changed silently and unceremoniously while
staff keep on braving the fighting spirit by applying for the yearly
advertised job promotions to no avail .
In 2017 another internal advertisement was announced by the
Secretary, Judicial Service Commission the employer , urging
candidates ,the Judicial Staff to apply for the position of Executive
Officers , who were to be deployed to take charge of registry
services and general office before 27th march 2017.
The candidates Judicial staff were required to equip themselves
with Bachelor’s Degree in social Sciences or other equivalent
qualifications from a recognized Institution in the Country with
computer experience as added advantage with allegations of only
few selectively benefitted.
And during the just concluded Interviews for the position of Chief
Justice and a Judge of the Supreme Court , the JSC is on record
having been accused by the newly appointed Supreme Court Judge
former Court of Appeal President William Ouko of being biased .
In the year 2019 between October and November an interview was
conducted by the Judicial Service Commission, the employer
established under article 171 of the constitution and mandated by
the Country Constitution to promote , facilitate the Independence
and accountability of the Judiciary including it’s efficient , effective
and transparent administration of Justice by reviewing and making
recommendations on the conditions of Judges , Judicial Officers ,
Judicial Staffers through appointment under Article 172 of the new
Constitution , it has not made any efforts to positively communicate
to the shortlisted candidates interviewed two years ago on the way
forward to their promising Future .
Whereby during the 2019 interviews conducted by the
Constitutionally mandated body the JSC , a total of 200 Legal
Researchers and Magistrates were promoted within January year
2021 as the shortlisted Interviewed Judicial staff, none has been
communicated too nor even received interview results , talk of
being subjected to a State of mental torture .
Through a letter authored on 22nd of June year 2021 by the
Secretary General Kenya Judicial Staff Association signed by
Millicent Owino copied to Chief Registrar of the Judiciary , Director
Human Resource Development and received by Chief Registrar of
Judiciary on 24th June, also the Director Human Resource
Management and Development confirmed received on the same
date of June 24th , while the employer JSC confirmed receiving on
23rd of June and all the three departments confirmed received by
stamped copies.
in the letter addressed to Judicial Service Commission by Kenya
Judicial Staff Association, inquiring on the release of interview
results for Court administrators and accounts assistants , where the
employer JSC was being reminded on the previous letter sent on
26th February year 2021 to expedite the release of interview results
for Court Administrators and Accounts Assistants which was long
overdue and which has caused a lot of mental anguish to those who
attended the interview.
The issue of releasing the interview results is not a new
phenomenon with Judicial Service Commission, currently there is
an application before the High Court filed by one of the former
contestant for the position of Chief Justice , the applicant Prof.
Makau Mutua in several of his prayers is seeking the results of the
interview he participated be made public and also know how he
scored when he was interviewed for the Country highest third
position .
In the year 2018 02nd October an internal Memo from Judiciary,
directed to all staff from the Acting Director Human Resource and
Administration signed by L. A. Onyango copied to Chairman Judicial
Service Commission, the Secretary Judicial Service Commission and
Registrar Judicial Service Commission on promotions and
redesignation of Judicial Staff , all the staff were informed that the
intended promotions and redesignation have been held until
further notice, but it is alleged by the staff that during that period
few staff were promoted in the face of Court order vacated the
redesignation after an application under certificate of urgency was
filed.
Initially all the Judicial Staff were made aware that all promotions
will forthwith be as per the approved optimal staff establishment ,
the approved scheme of service and career guidelines and staff
members salary may go up if staff gets a new appointment to a
higher grade.
All the interviews that has been conducted by the employer Judicial
Service Commission over Judicial Staff promotions since year 2015
none has ever been implemented successfully , despite the JSC
commission each member taking home allowances the Tax payers
money unnecessarily with no meaningful results to prove the
earnings .
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