The proposal by LSK to send all the judges home is simply insane. This is especially at a time when Parliament has created a bomb-in-the-waiting lacuna by sending the ECK home without any transitional provisions in place.
What does the independence of the judiciary,a principle entrenched in the Consitution,mean if Parliament or the Executive can simply wake up one day and say that the third arm of government,the judiciary,is no more? Can you imagine the chaos that would result? What would happen to the thousands of cases that are currently part-heard before the courts? Cases worth billions of shillings! Can you imagine what a disaster it would be to the economy and to Kenya's already battered investment climate? And what would happen to the criminal cases currently before the courts - we set free all charged?
In our haste for reforms lets reason prevail. Rome was not built in a day but we can surely destroy it in a day! Its not difficult to slide into lawlessness like that which exists next-door in Somalia.
And why cant the LSK champion for comprehensive reforms of the Constitution instead of piecemeal reforms that will take us nowhere save to cast us into more chaos?
Lastly,has the arm of the LSK championing the sending home of judges considered that Parliament cannot pass a law to that effect without amending the Constitution? Where will they get the two-thirds majority in Parliament required for such an amendment? Lawyers indeed!!
Unless of course the idea is to destroy every fabric of Kenya as we presently know it - then we can go to our tribal cocoons and we start from there - 1895 again?