The CJ must walk the talk on judicial matters

By George Marenya

It has been the season of Westgate, the era of breaking news, the age of insignificant bodies.

Reverse button, pause, play. We are back to the ICC bogey. In the middle of all these, a greater issue may be lost.

A weak and dysfunctional Judiciary would put paid to all the years of toiling for a new Constitution. For this reason the britbacks over the Judiciary Chief Registrar’s case must arrest our attention to its most logical conclusion.

The tone of the Constitution denotes that the Judiciary was the institution in need of most radical of reforms. Further, it is meant to be the place of last resort in ensuring compliance and implementation of the Constitution.

For Chief Justice Willy Mutunga, it cannot be business as usual.

That was not the agreement between him and the people of Kenya. It is not as per the promise in the new Constitution.

Transparency in public affairs is a cardinal element within the Constitution. Dr Mutunga must not surround himself with a motley crew of consultants.

The taxpayer caters for a bevy of assistants to enable Mutunga carry out his duties as smoothly as possible.

In fact, it is time the role of these “privileged consultants” was clearly explained to the public.

The Judiciary is not a private corporation in Industrial Area where the byword becomes: “it is none of your business.”

Everything the CJ does purportedly in the line of duty must be open to scrutiny and criticism.

Besides, presented as the epitome of intellectual finesse, Mutunga must offer leadership in judicial pronouncements issuing forth from the Supreme Court. For now they are few and far between.

The words reforms and integrity must not be mere buzzword, they have come to be. There must be a sea change from what was to a satisfactory state of conduct that offers tangible results.

If in the past magistrates were bad tempered people who treated anyone in the courtroom like a helpless housemaid, we must now see officers who believe that they are dealing with those who pay for their keep.

It must become apparent that Judges are aware they are not dealing with “files” but fellow human beings.

That cannot come to pass without full commitment and total support for those who are diligent in their work.

Integrity must not mean those who have come straight from the bar but must be understood as the exhibition of restraint, poise, good nature and truthfulness. It must mean uprightness.

Since human beings are sinful from the start, making sure the office of the Ombudsperson does its work well is the only way to ensure this quality. The occupant needs support 24/7.

Many matters will from time to time come up for determination before the Supreme Court. The Chief Justice and his colleagues must ensure their judgement furthers the spirit of devolution of power, a diluted presidency and the rule of law. True, we are living in the season of Al-Shabaab, but the Constitution remains the guiding writ.

Our politicians keep running around in circles because the Executive has refused to fully embrace and implement the Constitution.

The monster of The Hague (ICC) is a direct product of power sought recklessly and at all costs. At the heart of it is the refusal to share power as spelt out in the constitution.

Somewhere in the middle of all this tumult must sit a sober Judiciary willing to adjudicate without fear or favour.

The only beacon for the Judiciary is the Constitution in both letter and spirit.  

Dear Justice Mutunga, where you sit there can be no endless jamboree. There are no sacred closets. It is too grim to allow sunbathing tours to the best of destinations in the latest travel catalogue.

At the Judiciary, it is business unusual. Surrounding yourself with shadowy consultants is recipe for poisonous rumour. Take the nearest turn. Kindly.

The writer is Director of Yala Outcomes