No foreign accounts for judges, orders CJ Maraga :: Kenya



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Judges are prohibited from operating accounts abroad and from receiving personal loans.

In a series of new guidelines by Chief Justice David Maraga, judges and magistrates have also been barred from any private communication with litigants and government procurement.

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Any judge having a reasonable reason to operate an account abroad will be required to seek the approval of the Chief Justice.

The regulations currently before the National Assembly also require that judges authorized to manage accounts abroad submit their annual financial statements to the Judicial Service Commission for audit.

"A judge who has reasonable grounds to open or operate a bank account outside of Kenya shall apply to the commission, through the office of the President of the Supreme Court, for the purpose of determining to obtain the authorization to open or manage a bank account, "states the regulation.

The Code of Conduct and Ethics also prevents judges from soliciting public input.

He states that they can only participate in such contributions when a national disaster has been declared by the president.

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It will also be a breach of contract for a judge and any member of their family to accept personal loans, gifts, negotiate a fee or use their positions to claim certain privileges.

Accept rewards

"A judge or family member shall neither negotiate nor accept, directly or indirectly, any remuneration, loan, gift, advantage or privilege that is incompatible with a judicial function or that may reasonably be perceived as intended to influence the judge the exercise of its judicial functions, or to serve as a reward, "reads in the revised edition.

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It also prevents a judge from holding private conversations about a case before him. If a litigant initiates such disclosure, the by-law requires the agent to communicate the details of the disclosure to the other parties involved.

"If a judge receives a private communication under sub-paragraph (1), he or she will ensure that other interested parties are promptly informed and will keep an official record," he adds.

The regulation further specifies what a judge may post on social media, warning against any article that shows the judge's position in a court case.

It states that a judge will be held responsible for his activities online and should avoid any activity or badociation likely to "undermine his impartiality or an interference in the exercise of judicial functions or the status of the post ".

No judge, he adds, will participate directly or indirectly in a call for tenders for the supply of goods and services to the judiciary or the Judicial Service Commission.

Chief Clerk Anne Amadi said the guidelines set standards for the ethical conduct of judges, officers and staff.

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