Kenya Chief Justice Dr.Willy Mutunga In Trouble

I don’t think Willy Mutunga knew what he was getting into when he packed his personal belongings and left his cushy offices at the Ford Foundation in Nairobi early in 2011 to join the Judiciary as Chief Justice and President of the Kenya Supreme Court. If he thought by leaving a relatively safe job at an international Non-Governmental Organisation for the coveted position he would get an easy ride, he must now be having different thoughts. Dr. Mutunga joined the Government at a time when the dignity, the reputation and the respect for the third Branch of Government were at their lowest ebb. Kenyans had lost confidence in the Judiciary. The morale of judges and magistrates was zero. Corruption and nepotism were rampant. Hundreds of cases were pending, and prisoners were languishing in remand prisons because there were no judges to conclude their cases. Bottom line: the Judiciary was no longer a place where citizens could go to find justice. Enter Dr. Willy Mutunga, a political activist, human rights lawyer, pro-democracy crusader and an intellectual per excellence. Conformists took one glimpse at him and saw a stud on his left ear and they went beserk. But Mutunga’s academic and social credentials carried the day. He impressed the majority of Kenyans and received thumbs-up from the international community. Finally, and for the first time, the country had a real reformer at the helm of the Judiciary. That was then. Today, the Chief Justice is so mired in controversies that Kenyans may want to take another look at the man who was detained for almost a year by President Daniel Arap Moi for agitating for political reforms. Soon after taking over, Dr. Mutunga issued a well-documented road map that was to yank the department from years of inertia, ignominy and compunction. But two years down the line, his comprehensive reforms and anti-corruption agenda appear bogged down in mud. From the controversial vetting of judges, to the dispute over the presidential petition ruling, to the Gladys Shollei affair, to claims of death threats made by the Chief Justice himself, things have, as someone once said, become elephant for the soft-spoken former law professor. What all these events prove is that the office of the Chief Justice is hot, and requires a dose of tact, a bucket of diplomacy and a tonne of guts for its occupier to stay sane. At one time when Mutunga was under siege, he took to the social media to make his views known, but he was quickly reminded that his position called for a better method of communication. Considering his age, at 67, Mutunga has a few more years before he retires at 70 years old. That means three more years of hard knocks, controversies, abuses and humiliation. Mutunga’s latest battle with the judges over office space is likely to lead to a showdown that could disrupt the activities of the Judiciary. Appelant judges have refused to move to their new offices at Upper Hill claiming they would be in danger of radiation from nearby communication masts. Although the Commnication Commission of Kenya has said the premises are safe, some judges have reportedly threatened to resign if Mutunga insisted on their relocation. He will need Solomonic wisdom to deal with this one. The Chief Justice is currently on a tour abroad. When he returns another fight will be waiting for him, this time from the floor of the National Assembly. A Member of Parliament has asked the Justice and Legal Affairs Committee to summon the Judicial Service Commission to question its members about Mutunga’s current overseas trip. The MP is questioning not only the rationale of Mutunga and two of his top officials being away at the same time, but he wants Parliament to get answers about his alleged frequent visits overseas. Ndung’u Gethenji, the MP for Tetu cites the present office space stalemate and the issues surrounding the Chief Registrar who was briefly suspended and then recalled to duty by the JSC over matters of precurement, as some of the reasons that should have kept the Chief Justice at home. The Shollei issue is not over A lot more is on the way. Constitutionally, it would be difficult for a committee of the House to summon the JSC to explain anything. The Judiciary and Parliament are parallel bodies with independent powers. The JSC has refused to appear once before, and I see no indication that it will offer itself this time around. And that is my say.