New perks CJ Koome will enjoy

 

Enhanced armed security detail, hefty pay, State-owned palatial home and personal aides are some of the privileges that the new Chief Justice will get upon taking the oath of office. 

CJ Martha Koome’s motorcade will also be getting special clearance on the road as she will not be required to follow the normal traffic flow. 

Her monthly basic salary is set to be increased from Sh629,284 (the amount she has been earning as a judge of the Court of Appeal) to Sh990,000. When added the allowances, she could be taking home up to Sh1,327,888 every month.

The Chief Justice will also have access to VIP facilities at State functions and premises such as airports and will have a diplomatic passport. 

She will also be given an official government-owned residence guarded by police. The CJ will also be provided with commensurate home utilities and attendants like a house-keeper, gardener and cleaner. Her other residences will also get police security. 

Justice Koome will be sworn in as CJ today during a ceremony at State House.

President Kenyatta appointed Justice Koome on Wednesday after the National Assembly approved the nomination of the Court of Appeal judge by the Judicial Service Commission. 

Thereafter, the CJ will proceed to her new office at Supreme Court.

She will be received by the JSC, the Deputy Chief Justice Philomena Mwilu, Chief Registrar of the Judiciary Anne Amadi, Supreme Court Judges and the Judiciary Leaders Advisory Council (JLAC).

Official residence

The official residence of the Chief Justice is situated in Runda, Nairobi. The house was bought for Sh310 million in 2013 from former Machakos Senator Johnstone Muthama. But neither Justices David Maraga nor his predecessor Willy Mutunga lived in the palatial compound during their tenures as CJ. 

They opted to live in their private homes. The purchase of the house was surrounded by graft allegations over failure to comply with procurement laws.

The Ethics and Anti-Corruption Commission (EACC) investigated the matter and later recommended charges against senior officials in the judiciary.

They denied either participating in corruption or failing to comply with procurement laws and the charges were later dropped in October 2017.

The other benefits that Justice Koome was getting as a judge of appeal, such as a medical insurance scheme, will remain the same.

The annual insurance scheme has a Sh10 million cover for inpatient, Sh300,000 for outpatient, Sh150,000 for maternity while dental and optical is capped at Sh75,000 each. 

The scheme for the chief justice, deputy chief justice and judges covers them, their spouses and up to four children below the age of 25 years fully dependent on them.

Maximum term of office

According to article 167 of the constitution, the maximum term of a chief justice is 10 years and the retirement age is 70 years. 

Unlike her two predecessors under the 2010 constitution, who held the office for not more than five years due to the retirement age, the 61-year-old Justice Koome could stay for long. 

However, she may elect to take early retirement upon attaining the age of 65 years or resign from office by giving notice, in writing, to the President.

Legal experts have observed that the challenges for Justice Koome are many as she is inheriting an institution that has strained relationship with the other two arms of government (Executive and Legislature).

"She is inheriting a side-lined institution, depressed funding, frustrated Judicial Service Commission (JSC) and a backlog of cases. She is taking over an opaque Judiciary that does more ambivalent meetings and seminars like emergencies at the expense of hearing cases. She needs to restore sanity through restructuring of Judicial Training institute," Nakuru-based lawyer Benhard Ngetich said. 

Rights activist Okiya Omtatah said Justice Koome will need to shake off the perception shaped by her involvement in an emergency Court of Appeal hearing and ruling that was viewed to be pro-President Kenyatta in 2017.

"She was part of a bench that overturned a monumental ruling by Justice George Odunga (in the re-run of 2017 Presidential polls). She needs to prove that she is not the government's gate keeper or fixer," said Mr Omtatah. 

He added that Justice Koome is facing a tough task because Judiciary is yet 'to cover an inch of being the defender of the constitution'. 

"I hope her priority is on the rule of law and having a culture where the law is leading. We have a strange conduct where people are acting outside law," said the activist.    BY DAILY NATION