Mutunga: I will be a hands on CJ

BY JUDIE KABERIA 

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1/1 Chief Justice Willy Mutunga/File NAIROBI, Kenya, Jun 30 - Newly appointed Chief Justice Dr Willy Mutunga says he will be a hands-on judge as he intends to spend most of his time presiding over cases. In an interview with Capital News on Wednesday evening, Dr Mutunga he said he expected administrative duties of the Judiciary to be delegated once a Chief Registrar is appointed. “I would like to spend more time deciding cases. I am quite certain when the Chief Registrar is in place and the administrative duties are undertaken by others I will spend more time deciding cases; I see that as my major responsibility,” he said. Dr Mutunga is the President of the seven-member Supreme Court.  Other judges who will sit on the court are Deputy CJ Nancy Baraza, Justices Philip Tunoi, Jackton Ojwang, Mohammed Ibrahim Dr Smokin Wanjala and Njoki Ndung'u. Dr Mutunga says the court will require five judges to form a quorum to hear cases. The new CJ is promising Kenyans the Judiciary will be transformed from the closed-shop it has been perceived to be. “The Judiciary has been a kind of cocoon but the public has forced it to come out of this cocoon.  I expect judges and magistrates to be the faces of the Judiciary. They should go to schools, churches and other public forums to explain what we do. If we draw back to cocoons then we will have missed out on this opportunity of massive education,” he said. True to his words, Dr Mutunga has opened up to the public and media in unprecedented fashion, contrary to previous office holders. Dr Mutunga made news at the weekend when he joined a growing list of high profile individuals who have joined social media networks when he signed up to Twitter.  By Thursday, the CJ had garnered 7,116 followers.  The Chief Justice is also active on Facebook. To get this interview, I was in touch with the Chief Justice through phone text messages which he replied to promptly. When we arrived at this office, there was another team of journalists already being ushered in to interview him. Dr Mutunga said he was ready and open to work with the media, the civil society and other stakeholders stressing the critical role of members of the public who he believes will play a major role in reforming the Judiciary. He said the war on corruption which has been a malady that has been ailing the Judiciary for many years will require commitment and collaboration from all corners. Dr Mutunga urged Kenyans to play their role in changing the Judiciary by checking and pushing for reforms. He said he expected the public to be at the forefront in bringing out issues impeding justice and also to join its efforts in addressing corruption. According to Dr Mutunga, for the Judiciary to successfully root out corruption, fixing its independence to insulate it from social, commercial and even state influence will be vital in addressing corruption. He believes leaving its doors open for public scrutiny will also be one of the major interventions. He promises to create an interactive Judiciary that will open avenues of communication, ideas and opinions to quench the country’s deep thirst for a trusted reliable justice system. “We are busy but we should not turn Kenyans from raising issues. I am looking forward to a relationship with the media and Kenyans where we can have discussions,” he said. He says the Judiciary is planning to develop a comprehensive communication strategy that will allow the public to voice its views and concerns. The strategy will also facilitate open days for the interested public members to interact and acquaint themselves with the court system and how it works. He says that is one of the plans he has in his keen interest of winning the public confidence and building a positive image of the Judiciary, which he believes will have to be won by competent delivery of justice that will be impartial. Dr Mutunga points at understaffing in the Judiciary as a major headache that requires to be addressed urgently to deal with the work load and promote efficiency. He says as a major intervention the Judiciary intends to recruit 26 judges by mid August with the hope of having 120 judges in the High Court. The CJ who is aspiring to leave a legacy of a strong foundation of transformative Judiciary in his five-year tenure is also re-assuring Kenyans that judges will pay taxes as stipulated in the Constitution. According to the Constitution judges are classified as special tax payers which Dr Mutunga explains: “Special taxpayers means that judges cannot be taxed to their disadvantage.” This means that judges cannot be compelled to take home less than what they do currently. Follow us on TWITTER @CapitalFM_Kenya

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