Public Expectations of the New Chief Justice

Kenyans want the ongoing judicial reforms to focus on speedy resolution of conflicts and ease of access to justice for all. Members of the public have also been asked to play an active role in formulating a desirable judicial system.

These recommendations were made during a seminar  organised  by the Kenya Chapter of the International Commission of Jurists in a Nairobi hotel on Friday evening. The event was meant to highlight the public expectations of the new Chief Justice, Dr. Willy Mutunga.

However, a section of the participants expressed reservations about Dr. Mutunga’s recent assertions that advocates can be allowed in

“The Chief Justice should know that Kenya is part of the Commonwealth and thus adheres to its traditions, ” said Mr. William Ombese from an organisation calling itself the Kenya Association of Retired Officers. “If the CJ thinks that wearing a wig is colonial, then he should be made aware that the entire judicial system is also colonial.”

Lawyers in attendance further argued that the issue of dress code for advocates is not for the CJ to decide but a preserve of the Law Society of Kenya. They took issue with the CJ’s communication on social networking site Facebook, saying that official judiciary decisions are communicated through the Kenya Gazette.

“In any case, the supreme court is not properly constituted and any decision made by it is null and void,” argued a participant in the seminar.

Addressing the gathering, Mr. Barrack Muluka, a renown publisher and commentator on political issues, pointed out that that in Kenya there seems to be separate justice systems for the poor and he rich. He said that the bench has failed to contain the bar and what comes out is  justice that is only meant for the fittest. Mr. Muluka took issue with the entire justice system saying that it is riddled with fear, whereby the bar, which is supposed to defend the public, also fears the bench. He further suggested that the ongoing vetting of judges should be extended to advocates.

The forum was also addressed by  Justice Dennis Byron, the vice president of the International Criminal Tribunal for Rwanda and Nairobi lawyer David Majanja. Speakers lauded the Judicial Service Commission for its recent initiatives towards reforming the judiciary. They also welcomed Dr. Mutunga's move of calling upon experienced lawyers to volunteer as part-time judges as it is likely to reduce the backlog of cases inherent in Kenyan courts.

Dr. Mutunga himself has recently acknowledged that Kenyans have astronomical expectations of the new leadership in the judiciary and it will be interesting to watch how these expectations will be met.

Meanwhile, on 17th July 2011 the world will be celebrating International Justice Day. This is a day set aside in remembrance of the historic day the Rome Statute was adopted at the Rome Diplomatic Conference in Rome, Italy. Kenyans too have a reason to celebrate because they actively participated in the realization of the Rome Statute and the subsequent establishment of the International Criminal Court which has had a direct implication in its territory.