Mutunga calls for dialogue of the three government arms

By KURIAN MUSA

Dialogue and mediation has been suggested as a way to end the by the constitutional rift between the Executive, Judiciary and legislature.

Justice Willy Mutunga has said a robust independence does not mean lack of constructive and meaningful engagement through dialogue, mediation and consultation with the other arms of governments.

He said the country need an independent and professional Judiciary that applies the law fairly and equally and not a Chief Justice that puts the Judiciary in the marketplace of political transaction and deal making.

The CJ was speaking an intersession prayer service orbaginsed by the Kenya Women Judges Association led by Justice Roselne Nambuye.

The prayers brought together the judges who prayed to God to provide them with wisdom in handling court cases and delivery of justice.

The CJ said that in the recent past court orders have been violated chaotically and resulted in disquiet among the three arms of the government.

“When I assumed office I understood and articulated my mandate as being to fight corruption, secure the Judiciary's independence, and reorient the institution as a service institution for the Kenyan public,” Mutunga said.

But Mutunga underscored the recent defiance to the court order by Justice George Odunga. Hence the president set a Tribunal based on deliberations of parliament against a court order.

“Orders of the court can be challenged in the courts through reviews and appeal. Such processes are critical to our Rule of Law, our political, social, economic and cultural growth,” he said.

The CJ said there is urgent need for politicians to make the necessary mental shift in the new constitutional order to stop offending their interests.

Mutunga said many see the Judiciary as setting a 'bad' example for other institutions.

The judiciary is designing a comprehensive Judiciary Anti-Corruption Strategy with the support of the Ethics and Anti-Corruption Commission.

The wing is aimed at dealing with corruption problems decisively.

“Judiciary staff has neither reason nor excuse to continue engaging in corrupt activities,” warned Mutunga.

The Chief said: “They ask, how you can fight corruption so brazenly ‘we need a little eating space, this is mali ya umma; how can you be so open to the public (government requires complete secrecy and mysticism, however fake, to confuse and disorient citizens),”

Mutunga said that Pathetic questions and even more depressing arguments like: “How can you be so confidently independent, (you don't have ‘your own’ money, ‘we’ put you there, and what are court orders worth anyway)?”

The mandates of the others two arms of State and other constitutional bodies will be respected. But the CJ said the court will maintain its independence in the interest of the rule of law and that of the public.

During the prayer meeting, the High Court Registry Operation Manual was also launched that will make court operations easier to court users.