:: Kenya Women Judges Association

LADY JUSTICE JESSIE W LESIIT

CURRICULUM VITAE

DATE OF BIRTH : APRIL 1959

MARITAL STATUS : MARRIED

EDUCATION BACKGROUND

Kenya School of Law
Diploma in Law

University of Nairobi
Batchelor of Laws Degree

Mary Leaky Girls High School
East Africa Advanced Certificate of Education
East Africa Certificate Education

Dr. Aggrey Primary School
Certificate of Primary Education

PROFESSIONAL EXPERIENCE JUDICIARY

Judge of the High Court of Kenya

Resident Judge Milimani Commercial Courts 2007-Todate

Duties
Adjudicate in matters of commercial Litigation brought to the Commercial Division of the High Court in Nairobi.
Coordinate the administrative issues for judicial officers for the Commercial Division of the High Court

High Court of Kenya Criminal Division Nairobi, Judge in charge Criminal Appeals sub-division

Duties
Adjudicate in matters of criminal nature in Nairobi. These included capital offences such as robbery with violence, murder, rape and defilement among others. This provided immense exposure to cases of gender violence perpetrated mostly against women and children. Sexual violence was often auxiliary to cases of robbery with violence or domestic disputes.

Cases covered also included cases against children in conflict with the law and the challenges involved in ensuring that sentences passed against them included a provision for counseling, rehabilitation and sometimes provision of shelter, coordinated visits to prisons to deal with revisions of sentences especially involving women imprisoned with children, persons of tender age and children.

Resident judge Nakuru

Duties
Adjudicate in appeal cases arising from the stations under Nakuru High Court. This provided vast exposure cases of gender-based violence outside the cities. Dealt with civil, criminal, family law, judicial review and constitutional cases. Criminal cases handled included murder, sexual based violence cases. Civil cases included land matters.

Magistrate

Puisne Judge December 2002
Chief Magistrate in charge of Anti Corruption court Nairobi - April to December

Pioneered Anti-Corruption Kenya in Kenya 2002

Chief Magistrate October 1997

In charge of Milimani Commercial Courts

Senior Principal Magistrate June 1994
Principal Magistrate November 1991
Senior Resident Magistrate December 1988

Worked as in charge of Traffic court, Nairobi

Resident Magistrate December 1984
District Magistrate II Prof August 1982

1982 – 1983 – dealt with cases of both civil and Criminal nature
Between 1983 – February 1999 – dealt with cases of criminal nature only
Between 1999 – 2002 - dealt with cases of civil nature only.

2. CHAIRPERSON COMMUNITY SERVICE ORDER

Community Service Order was introduced in 1999 by Amendment to the Community Service Order Act to introduce a new alternative non- custodial sentence. The role of the Chairperson was to advice the Chief Justice and the Minister concerned on the proper implementation of the CSO Act; coordinate, direct and supervise the implementation of the Act including the collection and collation of data on the operation of the CSO Act.

Persons found guilty of non-serious offences like being drunk and disorderly, brewing illicit liquor and simple assault cases among others would work for the benefit of the community. This also encouraged reconciliation between the offender and the victim as it sought to reintegrate the offender back to the community.

Based on the offences upon which Community Service Order was given, the principle beneficiaries were poor women most of whom eke a living from selling illicit liquor and young offenders between ages 16 and 18 who are often used to peddle narcotics.

Upon appointment I launched various programmes geared towards preparing magistrates and probation officers who were implementers of Community Service Orders to understand the Act and their various roles under the Act. I was involved in the programmes as a convener and trainer.

Tasks Undertaken
Training of judicial officers on Community Service orders with a view to enhance their capacity to implement the Act. I trained magistrates on effective and Efficient Implementation of the CSO program in all 8 provinces in Kenya. Trainings explored the benefits of Community Service Order as against custodial sentence for petty offenders in that this would decongest government institutions, would reduce recidivism and is reconciliatory.

Magistrates were encouraged to come up with innovative ways of dealing with petty offenders. Many community based projects were created out of this initiative. These included

Afforestation
All courts started afforestation programme by setting up tree nurseries. The trees on maturing were then planted in the community. Kikuyu, Sotik, Kilifi are goods examples of this. In Kapcholyo Primary School, 2 million trees have been planted. Blue gum trees planted at Konoin DO’s office and Maseno Court.

Brick making
The bricks made by offenders were used in building schools and other government institutions like the courts in the community from which the offender hailed. Bureti in Rift Valley Province had a very successful project at Kapcholyo Primary School, where the mud walled school was replaced with bricks.

Building of Government Institution.
Mwingi and Kangundo courts in Eastern Province were constructed under Community Service Orders Project. The Makindu probation office built with help of CSO offenders. Several government institutions in Meru District build by use of CSO offenders.

Other Projects
Other projects included building of pit latrines, digging of and construction of water wells especially in greater Kiambu region, building of fish ponds in Sotik at Kapcholyo Primary School, building of a bridge over Mara River in Narok, entrepreneurship training programmes to address the needs of ex-offenders. Some of these programmes are run by After Care programme of the Probation Department especially through their hostels in Mombasa, Nairobi, Eldoret and Nakuru.

I visited the above projects with the National Coordinator and the Director, Probation & after Care Services as part of monitoring the implementation of the programme.

Training of Community Service Officers and programme supervisors to enhance their capacity on implementation and supervision of Community Service Orders.

Community Service Officers are probation officers, while supervisors include chiefs, assistant chiefs, and head teachers, hospital matrons and executive officers of government institutions. These officers are tasked to supervise offenders by ensuring attendance and performance of Community Service Orders to completion. They also provide counseling services to offenders and are critical in the evaluation of the impact of the project.

Community Service Officers were empowered on the legal provisions of Community Service Order Act and their role under the act to include humane treatment of offenders and follow up to ensure effective reintegration into society to avoid recidivism.

Review of sentences for petty offenders imprisoned before and after the enactment of the law.Since Community Service Order Act is based on human rights based approach to petty offences, I visited prisons and reviewed sentences for those imprisoned for minor offences and converted custodial sentences for many women, children and old people to Community Service Orders.

This allowed them a chance for quick and effective reintegration into the society. Men who had been imprisoned for Petty Offences also benefited and continue to benefit from Community Service orders.

Other critical activities carried out under the project include

Training of Community Service Officers and Magistrates on management of offenders in urban areas. Urban areas possess unique challenges on the implementation of the programme.
Training of Magistrates on treatment of child offenders under community Service Orders.
Facilitated a discussion on Implementation of Community Service Order Programme in Kenya: An overview of the Community Service Order Act.
Facilitated Community Service Order Policy Makers’ workshop on Community Service Orders Workshop. This targeted the Provincial Commissioners, Permanent Secretaries and Chief Executives of Government Institutions.
Organized and facilitated the second National Committee on Community Service Order, third and fourth annual meeting. These meetings are held to enable the NCCSO formulate policies for the CSO programme for a specified period.
Organized a Review of the CSO Act by planning and organizing discussion workshops with various stakeholders in collaboration with the Kenya Law Reform Commission
Organized and facilitated various workshops for supervisors of offenders serving under the Community Service Order program.
Facilitated Community Service Order stakeholders training workshops for Chiefs and Assistant Chiefs in various provinces in Kenya.

LEADER OF WOMEN’S MINISTRIES IN NAIROBI PENTECOSTAL CHURCH VALLEY ROAD.
This program is on going and I was the Women Ministries Leader between 1987 and 2002. The program is gender based and focuses on women with challenges which include widows, single parents, poor women and those with emotional challenges. It also focuses on children in need of care and protection to include orphans and those who are destitute. The Ministry provides psychosocial support to women and children through counseling and provision of material needs such as food, shelter and clothing.

The Ministry also supports Church Ministers and communities in remote areas like Garissa, Samburu, Baringo, Kyuso, Marsabit, Turkana, Somalis and Boranas among others. The Community Projects supported under the project include building and provision of water tanks, building of schools and other economic activities.

JOINT SECRETARY OF TASKFORCE LOOKING INTO BUSINESS OF AUCTIONEERING, BAILIFFS AND RELATED ACTIVITIES.
The taskforce recommended the repealing of the law by amalgamation of the Bailiffs’ Act, the Court Brokers Act and Auctioneers Act Cap 526 into one Act of Parliament. This was done by the enactment of the Auctioneers Act, No. 5 of 1996

CHAIRPERSON, AUCTIONEERS LICENCING BOARD
I chaired the Court Brokers Licencing Board from 1994 until the Auctioneers Act of 1996 came into force
.
I was appointed Chairperson of the Auctioneers Licensing Board between 1996 and 2002. While Chair of the Board, we developed and implemented a work plan to streamline the conduct of auctioneers. This introduced the Procedure of work and process of auctioneering. The project introduced professionalism, decorum and a humane face to auctioneering through intensive capacity building for auctioneers especially on the legal provisions.

We also organized Annual conferences for auctioneers where the need for professionalism was restated and best practices shared. This greatly improved the conduct of auctioneers who had before then conducted themselves as hoodlums. The Annual Conferences were utilized as training ground for Auctioneers.

TRAININGS CARRIED OUT

Training Workshop for Magistrates on Anti Corruption and Economic Crimes in Kenya: Overview of the Anti Corruption and Economic Crimes Act 2000.
Management Development Seminar for Women Managers in Public Sector, 1998.
Penal Reform Initiative in Africa: Presented a paper on Community Service Order as an Alternative Sentence in the 7th Conference for the Eastern, Southern and Central Africa (CESCA). Heads of Correctional Services, 8th - 12th August, 2005.
Facilitated three seminars on Interpersonal Management Development Skills Seminar for Senior Women Managers on the Woman Property Regents and the law- 1995, 1996.
Facilitated Gender and development Seminar: Women and Property Rights at Daystar University, Nairobi Campus, 1999.

Trainings attended

Participated in Anti-corruption and Economic Crimes Workshop, KSMS in 1999.

Women in Senior Management Course-University of Bradford, ODA January –April 1992
Access to justice-World Bank Judiciary Validation workshop-Mombasa Kenya 9th - 11th December 2007
Christian Women in the Media (FOCCAM) Methodist Guest House 12th -14th March 1993. I facilitated a session on ‘Women and the Law-What changes in the future’.
Jurisprudence of Equality Training (JEP) by Kenya Women Judges Association, aimed at equipping Judicial officers with the knowledge and skills needed to resolve cases arising in their courts which involve gender based violence against women in accordance with the principles enshrined in international and regional human rights and treaties – 2002.
Administration and Finance Management Seminar for Magistrates in charge of Courts Kenya School of Monetary Studies Nairobi-2002
Integrity Assurance Officers Course Mombasa DPM/ACP – December 2002.
Capacity building Workshop on the Law of Succession, 2006.
Administration and Finance Management Seminar for Magistrates in charge of courts.
Total Quality Management Course, Baringo 2001.
Alter Counseling Course-Nairobi Pentecostal Valley Road Church, 1987.
Management and Administration course for Magistrates, 1988.

Committees and Task Forces

Gender Support Equity Support Project Task Force to coordinate Training of Trainers for judicial officers on Sexual Offences Act 2006 under the project,’ Protecting Human Rights, Structuring Effective Judicial Remedies under the Sexual Offences Act’. Role played include Validation of Trainers Manual, trained as a Trainer on Sexual Offences Act under the project, evaluated judgments delivered by judicial officers under the project, and coordinated the project to its conclusion

Commercial Court Reform Committee-Milimani Commercial Court 2001-2002 todevelop a reform programme for the court as a pilot project geared towards computerizations of the Court and introduction of Electric Recording Systems.
Legal Sector Reform Coordination Committee 1999-2001 – looked into reforming the entire legal sector.
Committee on Administration of Justice. Acted as Joint Secretary 1998 – came up with a Reform Programme for the Judiciary.
Task Force looking into the law relating to auctioneers, Court Brokers and Bailiffs, Joint Secretary 1995-1997
Legal Sector Reform Strategy coordinating committee 1994-2000

Conferences Attended

Ninth Biennial Conference of the International Association of Women Judges in Panama. The conference was an eye opener and dealt at length with legal issues affecting women to include sexual violence, human trafficking and access to justice. Best practices to ensure access to justice by women were explored. I was humbled by the great role played by female judicial officers from all jurisdictions to ensure access to justice especially by women.
Commonwealth Judicial Education Conference-Arusha Tanzania
Protecting and promoting the independence of the Judiciary in East Africa. Mombasa 20th-24th April 2005
4th East Africa Magistrates and Judges Conference in Zanzibar
Judges Colloquium – Kenya, annually between 2004 and 2007
Strategic Directions for Improved Performance of the Kenya judiciary at Nyali Beach Hotel, 2007.
Kenya National Colloquium on Environmental Law at Nyali Beach Hotel, 2007

Other responsibilities

Chairperson, Auctioneers Licensing Board
Chairperson, Court Brokers Licensing board
Chairperson: Tribunal Investigating the conduct of Puisne Judge
In charge-Registration, Licensing and Discipline of Bailiffs under Bailiffs Act between 1995-1997.

Hobbies

Reading, traveling, working for the less fortunate in the community through church and other related activities.