I will not influence judges, says CJ Mutunga

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Chief Justice Willy Mutunga during a public lecture at the University of Nairobi August 21, 2012. Dr Mutunga said he will not seek to influence judges in their decision making.  NATION MEDIA GROUP

By AGGREY MUTAMBO amutambo@ke.nationmedia.com
Posted  Tuesday, August 21  2012 at  18:12

IN SUMMARY

• CJ: Every judge and magistrate will continue to be free in interpreting the law without undue interference.
• Dr Mutunga challenges academic institutions to help Kenyans elect useful leaders by holding public debates.

Chief Justice Willy Mutunga has said the Judiciary top brass will not seek to influence judges in their decision making.

Dr Mutunga said every judge and magistrate will continue to be free in interpreting the law without undue interference.

"We can’t go there!” he told a gathering at the University of Nairobi Tuesday where he was delivering a public lecture on public participation in the administration of justice.

"It is very difficult for any Chief Justice to basically interfere with what we call decisional independence of our judges.

"There are some people who think that is what I should do, but if I did that, I would be removed from the Judiciary. We don’t want to go back to that era,” he said.

Dr Mutunga was responding to questions on why the Judiciary had given leeway to judges to make controversial decisions in the recent past.

Of concern to one member of the audience is why courts appear to be giving what he called teaching the public on law, instead of making concrete rulings.

Decisions on the delimitation of boundaries, elections date, the Mombasa Republican Council (MRC)among others came up during the discussion.

The CJ responded by challenging the public to criticise the mistakes made by the courts but also follow avenues available for appeal.

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"As for judgements that people are saying are controversial, that is a matter of opinion and (some) Kenyans are appealing which is the right thing to do. If you have been unhappy with a particular judgement, you appeal and that is it.”

"One thing I have learnt since the new Constitution was passed is that everybody has now become an expert on the Constitution. They want to tell you how judgements should be made, but that is the role of the courts. We make mistakes and I think the academia has to criticise and we would basically listen.”

His lecture was part of the week-long programme by the Judiciary to sensitise the public on what the Judiciary is doing to improve access to justice. Under the banner of “Judiciary Marches Week”, the judges and magistrates would be engaging the public until Friday.

On Tuesday, Dr Mutunga challenged academic institutions to help Kenyans elect useful leaders by holding public debates.

“For the past 20 years, the universities have been bystanders as the country has engaged in a vigorous debate on constitution-making.

“Even now, it is very surprising that as debate rages on what should constitute our laws on integrity and leadership, those who study ethics, philosophy, law and political science have not yet organised a forum to discuss these issues.”