Shadrack Gutto, a legal commentator, is of the view that Judge Motata is unlikely to lose his job after his arrest for drunk driving recently
. Judge Motata is on an extended leave of absence until his trial is complete, whereafter his position will presumably be assessed. There is a possibility that disciplinary action could be taken against him by the Judicial Services Commission and that such action could lead to his dismissal. The position is somewhat unclear as there is little authority on how to deal with such forms of judicial misconduct.
This paucity of legal authority makes the JSC that much more important as our judges’ overseer. It is especially important that the JSC take a firm stance against judicial misconduct and deal with such misconduct decisively. At risk is the public’s faith in our judiciary and the possibility that the government will attempt to assume more control over the judiciary due to a perceived failure by the JSC to do what it has been mandated to do. Neither is desirable for various reasons (many of which I have discussed already).
(Source: Sunday Times)
Tags: judge motata, leave of absence, judicial misconduct, judicial services commission