Unfinished Business For New CJ Mutunga

Miguna Miguna, BA, LLB, LLM. Prime Minister's Advisor, Coalition Affairs, Joint Secretary of the Permanent Committee on the Management of Grand Coalition Affairs
Office Of The Prime Minister Republic of Kenya.The Prime Minister's Building Po Box 74434-00200 Nairobi, Kenya.

TUESDAY, 28 JUNE 2011 00:24 BY MIGUNA MIGUNA

High court registrar Lydia Achode,Chief justice Willy Mutunga and his deputy Nancy Barasa at the supreme court where they addressed the media. Photo/ Charles kimani

 Dr. Willy Mutunga deserves my hearty congratulations for becoming the first Chief Justice under a democratic and popular constitution that he and many other courageous Kenyans fought, suffered and sacrificed for. As expected, Willy has already initiated the process of instilling the culture of integrity in the judiciary. To our delight and relief, Willy has discarded the archaic, colonial and ridiculous gown and wig. Kenyans hope that those irrelevant colonial relics will be purged for good. (Keriako Tobiko and Amos Wako, are you listening?)

To ensure access to justice, transparency and accountability, Willy has registered on Twitter and Facebook. He has also introduced open door policy for the courts. For the one week he has been CJ, these are huge achievements. But we need, expect, deserve and must insist on much more.

In 1991, I coordinated a pro-democracy organization of Kenyans in Toronto, Canada. Willy and Omond Obanda served as committee members of the ‘Committee for Democracy in Kenya’. Prominent members of CDK were former prisoners of conscience Maurice Adongo Ogony, David Onyango Oloo and James Karanja Ng’ng’a.

Willy was completing his doctor of jurisprudence degree at the Osgoode Hall Law School of York University, where I was doing my LLB. While in Toronto, Willy gave inspiration and hope to many young Kenyans.

On December 21, 1991, Willy, Obanda and I issued a press release on behalf of the CDK, which I am reproducing here, as a reminder to Willy that Kenyans have some unfinished business. The statement was issued before the reintroduction of multi-party politics in Kenya.

“Ladies and gentlemen of the press, we wish to let you know of a just-concluded meeting of Kenyans in Toronto (from December 21-24, 1991) in which we, herein referred to as the Committee for Democracy in Kenya, DESIROUS to participate in the political affairs of our country, FULLY AWARE of the CONTENT of the public pressure and interest that is the root cause of the debate, COMMITTED to a political solution that is not opportunistic, superficial, or sectional, but one that will have the support of all the people of Kenya, resolved to make the following democratic DEMANDS to the Government of Kenya:

1.THAT President Moi and his government forthwith resigns and hands over power to a caretaker government to be run by Kenyans elected by a National Convention

 2. THAT a National Convention be convened forthwith to elect a caretaker government to draft and initiate a public discussion of the new Constitution and set up an impartial electoral commission;

3. THAT Kenyans be allowed unrestrained democratic rights to form parties and to participate in the elections. For such parties to organize and advance their policies to the Kenyan people, the elections should not take place until after a minimum period of one year;

4. THAT exiled opposition must be allowed an unconditional return to the country to participate in the elections;

5. THAT upon return, no exile should be prosecuted and that passports shall be restored to individuals from whom they have been confiscated;

6. THAT harassment and discrimination of exiles and ex-political prisoners who are already in the country, cease forthwith;

7. THAT all political prisoners must be unconditionally and immediately released; among others, George Anyona (leader of Kenya National Congress), Koigi Wa Wamere (leader of Kenya Patriotic Front), Ngotho wa Kariuki, Edward Oyugi, Augustine Kathangu, Rumba Kinuthia, Mirugi Kariuki, James Odhiambo Apiny, Loli Wambua, Tirop arap Kitur, Kang’ethe Mungai, Sheikh Rimo and Okong’o Arara;

8. THAT all legislation violating the Bill of Rights must be repealed. In particular, the Preservation of Public Security Act, the Public Order Act, the Vagrancy Act, the Chief’s Authority Act, the Emergency Regulations in North Eastern Province, the Special Registration Regulations imposed on the Somalis must be repealed before the elections;

9. THAT the [Dr. Robert] Ouko Inquiry be reconstituted and Mr. Troon be allowed to complete his investigations and that the Inquiry be concluded and all suspects in the murder be charged before the elections;

10. THAT a Human Rights Commission be set up to inquire into violations of human rights in the country;

11. THAT all political murders be reinvestigated and all suspects dead or alive be tried;

12. THAT the banning of unions, religious groups, organizations and literature must be unconditionally and immediately lifted;

13. THAT there must be a full and unrestrained enjoyment of constitutional and democratic rights by all the people;

14. THAT Kenyan women’s right to organize autonomously and to agitate for their specific rights be guaranteed;

15. THAT all legislation, policies and programmes discriminating against women be repealed and abandoned forthwith;

We also make the following calls to the international community:

16. THAT foreign governments and institutions should withhold all assistance to the Moi regime until all these conditions are fully implemented;

17. THAT foreign banks, governments, financial institutions, donor agencies and the international security system should assist in disclosing all Kenyan funds held and/or being laundered outside the country in contravention of Kenyan laws and ensure the urgent repatriation of these funds back to Kenya;

We finally urge the Kenyan opposition to FORGE a United Democratic Front, which will accommodate all organizations of the People of Kenya and whose leadership will be democratically elected by all the organizations and parties involved.”

Although many of the seventeen-item issues have either been addressed or are in the process of being tackled, some – like the repeals of the oppressive laws and the redress of past atrocities – are still outstanding. We must never forget them.

Miguna is the PM’s adviser on coalition affairs. The views expressed here are his own.