Sunday, January 15, 2012

Judiciary has sowed the seed for our popular revolution



By Hassan Omar Hassan

I was at the KTN studios on Friday where I watched Justices Isaac Lenaola, David Majanja and Mumbi Ngugi deliver their ruling on the election date. I was swayed by their rationale in arriving at the decision. The decision was well reasoned and logical.
In their conclusion, the justices opined, "We are conscious that our findings may be unpopular with a section of Kenyans who have preconceived notions about the elections but we hasten to remind Kenyans that our undertaking is not to write or re-write the Constitution to suit popular opinion. Our responsibility is to interpret the Constitution in a manner that remains faithful to its letter and spirit and give effect to its objectives".
This rationale has always informed that of the human rights actors. Matters of fundamental rights and freedoms, justice and the rule of law cannot pendulum at the convenience of the public gallery. The citizenry through popular acclaim gave unto themselves the Constitution. Its subsequent application though cannot depend on the conveniences and circumstances that from time to time dominate the public mood.
Whereas a lot of ground needs to be covered with respect to judicial reforms, especially within the realm of the magistracy, undeniably progress is being made. Make no mistake. Justices Lenaola, Majanja and Ngugi are some of the lordships who inject the necessary credibility to our bench. Lenaola is a celebrity judge with a reputation in his efficiency and effectiveness.
Majanja and Ngugi are respected legal practitioners. Majanja is reputed as an astute legal thinker who writes widely on topical matters of law. While at the Kenya National Commission on Human Rights, I often interacted with Justice Mumbi Ngugi while she was at the Federation of Women Lawyers. Her eloquence in thought, clarity in strategy, and her passion for justice and equality is inspiring. I have made deliberate reference to a few of their qualities to emphasise one particular point.
That for Kenyans to realise the change they want, then good men and women must occupy positions of responsibility. Kenyans who represent integrity, professionalism, are fearless and bring honour to the nation. Justices Lenaola, Majanja and Ngugi represent the new face of the Judiciary. They are all in their 40s. My apologies to Justice Ngugi if she’s younger. I am told for women, age and weight are often taboo topics.
Lenaola’s sudden and robust growth of white hair has nothing to do with his age. He should consult Prime Minister Raila Odinga or Senior Counsel Paul Muite on how to keep his hair sparkling black. Or better still emulate the Chief Justice Willy Mutunga and shave it all together. Justices Lenaola, Majanja and Ngugi were not in the traditional robs. They simply wore their suits. This evolution or revolution is significant. It reaffirms an unwavering break from the past. The delivery of the ruling was too broadcast live.
From the Judicial Service Commission, to the appointment of the Chief Justice and judges, to the resoluteness in dealing with Lady Justice Nancy Baraza, to robust rulings of the Superior Courts, including the affirmation to arrest Sudan President Omar Hassan Al Bashir, the Judiciary has sowed the seed of our popular revolution. All we need is to apply their model in other facets of our transformation.
Finally, I did not see Justices Lenaola and Majanja with a stud. It is fine to put on one even if you are simply judges of the High Court. Transformation must be complete!
The writer is a lawyer and former commissioner of the KNCHR

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