CJ: Courts won’t be compromised

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Chief Justice Willy Mutunga addressing University of Nairobi students during the Judiciary Marches Week on August 21, 2012. Photo  NATION MEDIA GROUP

By Kevin J. Kelley SUNDAY NATION Correspondent New York (kevinjaykelley@gmail.com)
Posted  Saturday, September 8  2012 at  21:27

IN SUMMARY

• He said the reforms introduced by new constitution had begun to bite and warned that sections of the old order would grow “more desperate and more aggressive” as the Supreme Court addresses the Constitution’s chapters on land ownership and vetting of candidates for elective offices.
• Resistance to anti-corruption and anti-collusion initiatives is rooted within the judiciary itself, he noted, adding that “lawyers had established a corrupt network with judges and magistrates”.
• Some powerful political and business interests, which he did not name, are also resisting reforms, Dr Mutunga told an audience of US policy makers, academics and lobbyists.

Efforts to root out corruption in Kenya’s judiciary and ensure its independence will continue despite the Old Guard’s resistance to reform, Chief Justice Willy Mutunga said in Washington on Friday.

Dr Mutunga said that even in the face of potentially violent opposition “we shall not relent”. He said his message to Kenyans would always be that “justice is not for sale”.

The chief justice recounted that he had half-jokingly suggested to colleagues that instead of discussing whether it’s appropriate to wear wigs and robes, “we should be talking about bulletproof vests”.

He said the reforms introduced by new constitution had begun to bite and warned that sections of the old order would grow “more desperate and more aggressive” as the Supreme Court addresses the Constitution’s chapters on land ownership and vetting of candidates for elective offices.

In addition to these potential mine fields, the Supreme Court will have to rule on highly controversial issues such as abortion, gay rights and the death penalty, Dr Mutunga said.

Resistance to anti-corruption and anti-collusion initiatives is rooted within the judiciary itself, he noted, adding that “lawyers had established a corrupt network with judges and magistrates”.

Some powerful political and business interests, which he did not name, are also resisting reforms, Dr Mutunga told an audience of US policy makers, academics and lobbyists.

He noted that the religious section of civil society was opposed to the Constitution and his appointment as chief justice. He described the National Conservative Forum as “a front for these forces”.

Those in its ranks who accuse reformers of practising judicial activism “obviously haven’t read the Constitution because it demands we be activists,” he said.

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Next year’s elections will pose a key test of Kenya’s commitment to the rule of law, Dr Mutunga added. (READ: Courts could alter race for the State House)

“Every judge in Kenya knows the elections are going to determine whether we are legitimate or not. If disputes are not brought to court, maybe we will get back to the situation of 2008,” he said.

He said Kenya’s judicial reformers do have some powerful allies. He added that the corporate sector is generally allied with his side because investors cannot have confidence in Kenya when cases they bring to the courts take long to be concluded.

The international community strongly supports efforts to establish an independent and ethical judiciary in Kenya, he said.

The American Bar Association held a ceremony in Washington on Friday honouring Dr Mutunga for his “career-long commitment to democracy and the rule of law”.

He later that day gave a talk at the Centre for Strategic and International Studies think-tank entitled Kenya’s Momentous Year Ahead.