CJ’s ‘homecoming’ to his former jail

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Chief Justice Willy Mutunga and Mombasa Resident Judge John Mwera (right) are entertained by inmates at the Shimo la Tewa GK Prison during the opening of the newly-built Shanzu Courts within the prison’s compound. The new court will help reduce the backlog of cases in the prison and the surrounding villages. Photo/GIDEON MAUNDU 

By PHILIP MUYANGA pmuyanga@ke.nationmedia.com
Posted  Wednesday, July 18  2012 at  22:30

His visit to the prison in Mombasa was a homecoming of sorts.

Thirty years ago, Chief Justice Willy Mutunga was an unwilling guest of State at this same Shimo la Tewa Prison which — going by the tag “maximum security prison” — was host only to inmates deemed by government as most dangerous.

Dr Mutunga, then an indefatigable human rights crusader found himself labelled as such by the dictatorial Kanu regime and was subsequently incarcerated at the prison alongside other reform crusaders who were leading the clamour for multi-party politics.

After sham trials riding on trumped up charges, Dr Mutunga was led into the cells and locked up on July 31, 1982, to be released seven months later on February 6.

Different capacity

However on Tuesday, he walked through the same gates and into the prison compound in a completely different capacity.

He was no longer the lowly inmate, but the most senior judge and the very face and symbol of the rule of law and justice.

Arriving in the company of his judicial officers, the CJ had a brief session with the officer-in-charge Margaret Chuma and other senior prison officers, before walking down to the officers’ quarters.

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After this, the team turned and inevitably made its way to F Block, an intimidating high-wall building, with coils of razor-wire fence running along its rooftop.

Inside there were rows of dingy cubicles on either side of a narrow, lit corridor that ran through the imposing building’s entire length.

Dr Mutunga briefly stood at the entrance of F Block, looked through the corridor, and pointed at one of the cells, which he believed was the one he had been locked in.

The cubicles had lockable, heavy metallic grills. “This is the block I was in. I was in one of the cells in here,” he said pointing at two cubicles at the end of the corridor.

Later while addressing the inmates, the Chief Justice said: “I’m happy I’m back here as a free man. It is nice to be back.”

Most inmates were becoming aware for the first time that Dr Mutunga had been an inmate at the prison, and listened keenly, the hope that they too would one day be free men out there, evident in their eyes.

Dr Mutunga said there was incredible development at the prison from the time he was in detention, describing as a revolution, the fact that two human rights groups — Kituo Cha Sheria and Muslims For Human Rights (Muhuri) — had offices within the facility, and inmates get ready legal assistance.

“I’m impressed by the reform efforts being undertaken. Of course, prison is not a good place to be in. But when officers make the life of inmates bearable, it is a great achievement,” Dr Mutunga said.

“When I think of how this place was in 1982, there is development. Now you have uniform and take a shower,” Dr Mutunga said, adding that the country was moving in the right direction, and that the reforms he and many others fought for were gradually coming to pass.

Then the inmates whipped out their wish lists, and poured out their hearts to the Chief Justice.

Among their grievances were delays in determination of their cases, disparity in the fines and sentences and the high terms of bail.

Eva Karimi, a convict from the women’s wing, told the Dr Mutunga that there was need to remove ex-prisoners’ finger prints from police data bases as it hindered them from getting jobs after life in prison.

“Some of us would like to work for the government and even travel abroad, but as long as fingerprints are with the police, you remain blacklisted,” the woman said.

Mr Samuel Mwachala, a remand prisoner, whose case is still in court, complained about the unnecessary adjournments.

“We also need statements to be issued during plea time,” Mr Mwachala said.