Members of the civil society Ramadhan Sheikh (right) and Morris Odhiambo address journalists at 680 Hotel in Nairobi, May 15, 2011. They said they support the nomination of Willy Mutunga and Nancy Baraza for the posts of Chief Justice and Deputy Chief Justice respectively, adding that the two are reformists and have clean records of advocating for human rights in Kenya. ANTHONY OMUYA | NATION
Posted Sunday, May 15 2011 at 14:57
Civil society groups have given a nod to the nominations of Dr Willy Mutunga and Nancy Baraza for the positions of Chief Justice and deputy Chief Justice respectively..
Meeting under the aegis of the National Civil Society Congress, they said they hoped the process of parliamentary vetting and appointment will be a “mere formality” and hastened.
They hailed the nominations saying it is a positive step and proof that individuals who have not been part of the system can come in to shape it up.
“Attention should now shift to the task of vetting judges and magistrates to give the two senior officers, individuals of integrity, to work towards reforming the judiciary,” said Morris Odhiambo, NCSC president.
Human rights defender Njeri Kabereri described Mr Mutunga as the 'guru' for reforms and human rights, adding that he never wavered from those principles.
Former Constitution of Kenya Review Commission member Kavetsa Adagala said no other candidate for the CJ post demonstrated a pro-reform agenda like Dr Mutunga, and that he had been in the struggle for reforms for over two decades.
Further, the group said the parliamentary Committee on Justice and Legal Affairs, which has been plagued by leadership wrangles, should be reconstituted.
Mr Odhiambo said: “We think it is time we moved past those partisan battles by reconstituting it. We do not see the PNU and ODM wars ending in the coming days and this committee since it cannot function, it has been infiltrated by partisan interests.”
While addressing the press at a Nairobi hotel, the group called for the quick formal appointment for the office of CJ and the deputy saying that Kenya will heavily rely on them for constitutional remedy.
“Should the reconstitution not happen, we will have no recourse but to knock on the doors of the CJ to petition for the house to be dissolved and that is one of the actions that we as Kenyans are looking forward to taking,” Mr Odhiambo said.
He went on to say that the move to bring in the Parliamentary Oversight Committee was a mere band-aid solution to the impediment that would take the mind of the people off the squabble.
The group also faulted past CJs saying they had failed to root out corruption from the judiciary.
“They were political appointees who believed their role was to serve the interests of the appointing authority,” Mr Odhiambo said.
Benji Ndolo of Organisation for National Empowerment said Kenyans should remain vigilant to the process and turn a deaf ear to those picking issues with Mr Mutunga for spotting ear studs, terming such arguments as “non-issues.”
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