{UAH} Pojim/WBK: Jesus Christ!!!! Judges who can’t write a blot to law - News | Daily Nation

http://www.nation.co.ke/news/Judges-who-cant-write-a-blot-to-law/-/1056/2867274/-/ux25uiz/-/index.html

Judges who can't write a blot to law - News

That many magistrates and judges are unable to write proper and well-reasoned judgments has come as a shock to many Kenyans.

The Judges and Magistrates Vetting Board has, not once, used lack of "basic writing skills" by most judiciary officials to send them packing.

Writing skills, the board said, refers to the ability of a judicial officer to use language to explain to litigants how a decision is arrived at in grammatical language.

"Some of the judgments provided as the best writings of the officers lacked in structure, content and grammar," the board said when it fired nine magistrates in March.

The fact that writing skills is a problem in a profession where a single grammatical mistake can send one to the dungeons, senior lawyers the Saturday Nation talked to said, was worrisome, ticking time bomb.

Matters have been further worsened by the fact that law students are not spared due to what legal experts say is deteriorating standards.

On Tuesday, the vetting board argued that the writing skills of most judicial officers assessed was far below the expected level. "The board finds that there is very poor legal analysis and reasoning. Several flaws were noted and pointed out to the magistrate. The issues point to the magistrate's inadequate knowledge of substantive and procedural law," the board said of Kyuso magistrate Ben Mwai Mararo. He was fired.

Mr Mararo was among eight magistrates sent packing by the board in Kisumu on Tuesday.

The team is in the town to vet 16 judicial officers above the rank of a Principal Magistrate.

The board painted a sad picture of what was once a revered profession.

When the board fired two magistrates out of the 45 vetted from western Kenya in March, the team recommended that a paper be presented during the judges' annual conference on common mistakes in judgment.

Senior Counsel Paul Muite told the Saturday Nation that the problem of writing skills as painted by the board was "understated".

"It is not unusual nowadays, to find a university graduate who is challenged on basic use of language. Sadly, the Judiciary has not been spared in this sad state of affairs," said Mr Muite.

Vetting board chairman Sharad Rao said: "The board has been keen to ensure that we point out errors in judgment and writing during vetting that we think will help dispense justice," said Mr Rao.

But Nzamba Kitonga, chairman of the defunct committee of experts on the review of the Constitution blamed the not-so-well written judgments on the workload that the magistrates and judges have.

"The Bench comes with its own intense pressure of not only ensuring that justice is served, but also making sure that is done on time. They end up not having the time to write detailed judgments and only go straight to the point. On that end, you cannot really blame them," said Mr Kitonga.

Law Society of Kenya chairman Eric Mutua said that the bigger problem is not the undetailed judgments but the competence of judicial officers.

"The problem of writing is rampant, but the competence is a more urgent issue," said Mr Mutua.

He recommends the use of technology in the courts. "The burden that these judges have can be eased by doing away with manual recording of each proceeding," said Mr Mutua.

Vocal lawyer Ahmednasir Abduallahi said the problem of poor writing and lack of intelligent discussions in judgments started at the law schools.

Mr Abdullahi once argued that Kenyan judges do not read wide enough.

"The training of lawyers in our universities is pathetic. To say they are half-baked would be a compliment. Mostof them can not answer the one plus one of law, really, "he said in an earlier interview.

Judges who can't write a blot to law - News | Daily Nation

http://www.nation.co.ke/news/Judges-who-cant-write-a-blot-to-law/-/1056/2867274/-/ux25uiz/-/index.html

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