Post by adongo23456 on Aug 22, 2012 8:40:02 GMT 3
www.nation.co.ke/News/CJ+Mutunga+says+he+will+not+influence+judges/-/1056/1484288/-/195me3/-/index.html
Yesterday I had the great opportunity to attend a public lecture by our CJ Dr. Willy Mutunga at Taifa Hall, University of Nairobi launching the Judiciary Marches Week which goes on till August 25. The theme of the Judiciary March is "Taking Justice to The People".
The venue was packed to the rooftops with eager students, University teaching staff, members of the public and many ex-students like myself and of course folks from the civil society movement in Kenya.
It was a lively debate and we were promised by Justice Njoki Ndung'u who closed the event that the full speech of the Chief Justice will be posted on their website by the end of the day.
Apart from assuring Kenyans that the Judiciary under his leadership will remain independent and committed to the rule of law, Dr. Mutunga also had a very focused message to the university community. Dr. Mutunga insisted that the University Community has to find its place in the national discourse particularly on critical issues like the implementation of the new constitution.
Dr. Mutunga challenged the youth in our universities today to carry forward the torch of the struggle for a better country set in motion by a generation of students in the past who made our universities the conscience of the nation. The CJ paid tribute to the contributions of SONU in the democratization of the country.
The CJ received a thunderous applause when he wondered loudly why today "Those who are demanded to think, are paid to think are reluctant to think"
The CJ urged students and lecturers to speak out when they see bad things happening in the country specifically with regard to the implementation of the new constitution.
Then came the Q&A which was itself very robust. A couple questions that stick to my mind were as follows in random order.
1. One woman whose case was messed up by a judge whose has since been thrown out by the vetting process wanted to know what remedy exists for her since she lost her only property through the actions of that judge. The CJ asked her to contact the Ombudsman particularly if her case is still live. The CJ gave the number to contact. I found that very useful and practical. Basically the message is that for those victimized by corrupt judges and whose cases are still live (in the appeal process), there is hope. Make sure you contact the Judiciary ombudsman as quickly as you can.
2. The issue of judges not giving definite rulings but giving "lectures" instead was raised. The speaker, a lecturer at the university, specifically referred to the election date ruling. The CJ told the audience he cannot interfere with the independence of judges and urged those who have issues with specific rulings to appeal those rulings.
Another fellow also came up with a ruling he did not like and the CJ caused laughter when he said one of the products of the new constitution is that almost every Kenyan has become a law expert. Kenyans today readily interpret the law and proceed to make their own rulings on the spot. The CJ cautioned the audience that sometimes those random rulings we make can be wrong but he welcomed the new legal energy in the republic.
3. The issue of bringing young blood into the judiciary was raised. The speaker was concerned that with all the talk on the importance of the youth the judiciary was still composed mainly by older folks. The CJ told the audience that even though many of the judges on the bench may be older, there has been a huge injection of young people into the judiciary both at the registry, in almost all new employees of the judiciary and that the entire judiciary has never had such a upsurge of young people in charge of the administration of justice.
Also raised in the same breath was the issue of vacations for judges including summer vacations which are seem as the remnants of the colonial heritage of our judiciary. The CJ said that vacation time for judges varied between 35 - 42 days a year and told the audience that the judges often use the vacation time to write their rulings. But he did acknowledge that the summer holiday concept was a relic of the colonial vestiges and would be looked into with all the vacation times by the Judiciary Services Review team which is working as we speak.
In the same vein one speaker was concerned about judges coming to court at 11 a.m when everybody has been waiting for hours and staying in court for 30 minutes then taking a break. The CJ asked members of the public to call his office whenever anything like that happens. He actually said people have been calling to complain about such things and action has been taken. The CJ gave the number to call. He also said sometimes there are very legitimate reasons for such seemingly inappropriate activities by judicial officers.
4. The CJ was asked about the raging debate on the Leadership and Integrity Bill before parliament and what would happen to those deemed unfit to hold office. The CJ said he cannot comment on that issue because it is before the courts and may reach the Supreme Court.
5. Many speakers in question time dwelt on the challenge thrown by the CJ for the university community and its institutions to stop being bystanders and mere spectators as the country faced major transformational challenges. The responses ranged from the more defensive ones by some staff members who felt they were being judged unfairly and yet the problems were societal with university students facing huge survival problems. One speaker insisted that the university community still acts as the conscience of the nation when need be. The CJ re-assured then that he is not dismissing their role he is just challenging them to demand more.
6. I was luckily given a chance to ask a question after my friends kept pushing me and I raised two concerns. One was directed to the students because I felt they really felt they want to be involved but were not sure how. I asked the students if they feel they are stakeholders in Kenya's future after all they represent the cream of the youth we hear so much about. They responded in the affirmative. I then asked them if they feel they have been involved in the constitutional implementation process. I specifically asked about the raging debate on the Integrity Bill and if at all all the consultation we hear about has included them. They said no. I told them the only way to get involved is to ensure that if the powers that be refuse to come to them then they have to go those people and I assured them it always works.
I then directed my last issue on the same Integrity Bill to members of the judiciary. I told them in my view anybody can ran for office (that includes my mother's cat). However based on Chapter Six of the constitution not everyone who can run for office can hold office. The issue to me was not who can run for office but rather what do we do with those who end up in office and are then declared unfit to hold office by a court decision in application of Chapter six of our constitution? That is the issue we have not debated at all.
What do we do if such a person is the president of the republic since a president can only be removed through impeachment which will have to be done by M.Ps who may be too compromised to act? What happens in that paralyzing stalemate? That was my concern and I felt the failure of the Integrity Bill is in not providing a clear cut mechanism declaring that any public officer found unfit for office based on Chapter Six of office must leave office immediately. That to me is the issue and that is where the cabinet, the M.Ps and even the CIC have failed the nation.
All these talk about vetting and declaration of wealth is just red-herring. It is nonsensical and would make no difference at all. We are having a false debate about the Integrity bill. We will pay for it dearly when the time comes because whatever the M.Ps pass will not change the constitution. As usual we will wait till the paralysis happens then we will deal wit hit. What else is new.
Note. I must say it felt very good to be back at Taifa Hall once again in the eye of the storm (Katiba). It is the war on Katiba that got people like me into the world of political activism and it was nice that one of our mentors then, Dr. Mutunga was on this day addressing students in his new capacity as the Chief Justice of our country. I showed my son where the the CJ's office used to be when he was a young law lecturer who offered free advice and help to student leaders like myself.
It was nice to meet the my comrades like Mwandawiro and others at the event and to be in the company of the young guns who there not just to participate in the discussion but also to record it for future discourse. Our country is in good hands but it is going to require a lot of work. It shall be done.
Yesterday I had the great opportunity to attend a public lecture by our CJ Dr. Willy Mutunga at Taifa Hall, University of Nairobi launching the Judiciary Marches Week which goes on till August 25. The theme of the Judiciary March is "Taking Justice to The People".
The venue was packed to the rooftops with eager students, University teaching staff, members of the public and many ex-students like myself and of course folks from the civil society movement in Kenya.
It was a lively debate and we were promised by Justice Njoki Ndung'u who closed the event that the full speech of the Chief Justice will be posted on their website by the end of the day.
Apart from assuring Kenyans that the Judiciary under his leadership will remain independent and committed to the rule of law, Dr. Mutunga also had a very focused message to the university community. Dr. Mutunga insisted that the University Community has to find its place in the national discourse particularly on critical issues like the implementation of the new constitution.
Dr. Mutunga challenged the youth in our universities today to carry forward the torch of the struggle for a better country set in motion by a generation of students in the past who made our universities the conscience of the nation. The CJ paid tribute to the contributions of SONU in the democratization of the country.
The CJ received a thunderous applause when he wondered loudly why today "Those who are demanded to think, are paid to think are reluctant to think"
The CJ urged students and lecturers to speak out when they see bad things happening in the country specifically with regard to the implementation of the new constitution.
Then came the Q&A which was itself very robust. A couple questions that stick to my mind were as follows in random order.
1. One woman whose case was messed up by a judge whose has since been thrown out by the vetting process wanted to know what remedy exists for her since she lost her only property through the actions of that judge. The CJ asked her to contact the Ombudsman particularly if her case is still live. The CJ gave the number to contact. I found that very useful and practical. Basically the message is that for those victimized by corrupt judges and whose cases are still live (in the appeal process), there is hope. Make sure you contact the Judiciary ombudsman as quickly as you can.
2. The issue of judges not giving definite rulings but giving "lectures" instead was raised. The speaker, a lecturer at the university, specifically referred to the election date ruling. The CJ told the audience he cannot interfere with the independence of judges and urged those who have issues with specific rulings to appeal those rulings.
Another fellow also came up with a ruling he did not like and the CJ caused laughter when he said one of the products of the new constitution is that almost every Kenyan has become a law expert. Kenyans today readily interpret the law and proceed to make their own rulings on the spot. The CJ cautioned the audience that sometimes those random rulings we make can be wrong but he welcomed the new legal energy in the republic.
3. The issue of bringing young blood into the judiciary was raised. The speaker was concerned that with all the talk on the importance of the youth the judiciary was still composed mainly by older folks. The CJ told the audience that even though many of the judges on the bench may be older, there has been a huge injection of young people into the judiciary both at the registry, in almost all new employees of the judiciary and that the entire judiciary has never had such a upsurge of young people in charge of the administration of justice.
Also raised in the same breath was the issue of vacations for judges including summer vacations which are seem as the remnants of the colonial heritage of our judiciary. The CJ said that vacation time for judges varied between 35 - 42 days a year and told the audience that the judges often use the vacation time to write their rulings. But he did acknowledge that the summer holiday concept was a relic of the colonial vestiges and would be looked into with all the vacation times by the Judiciary Services Review team which is working as we speak.
In the same vein one speaker was concerned about judges coming to court at 11 a.m when everybody has been waiting for hours and staying in court for 30 minutes then taking a break. The CJ asked members of the public to call his office whenever anything like that happens. He actually said people have been calling to complain about such things and action has been taken. The CJ gave the number to call. He also said sometimes there are very legitimate reasons for such seemingly inappropriate activities by judicial officers.
4. The CJ was asked about the raging debate on the Leadership and Integrity Bill before parliament and what would happen to those deemed unfit to hold office. The CJ said he cannot comment on that issue because it is before the courts and may reach the Supreme Court.
5. Many speakers in question time dwelt on the challenge thrown by the CJ for the university community and its institutions to stop being bystanders and mere spectators as the country faced major transformational challenges. The responses ranged from the more defensive ones by some staff members who felt they were being judged unfairly and yet the problems were societal with university students facing huge survival problems. One speaker insisted that the university community still acts as the conscience of the nation when need be. The CJ re-assured then that he is not dismissing their role he is just challenging them to demand more.
6. I was luckily given a chance to ask a question after my friends kept pushing me and I raised two concerns. One was directed to the students because I felt they really felt they want to be involved but were not sure how. I asked the students if they feel they are stakeholders in Kenya's future after all they represent the cream of the youth we hear so much about. They responded in the affirmative. I then asked them if they feel they have been involved in the constitutional implementation process. I specifically asked about the raging debate on the Integrity Bill and if at all all the consultation we hear about has included them. They said no. I told them the only way to get involved is to ensure that if the powers that be refuse to come to them then they have to go those people and I assured them it always works.
I then directed my last issue on the same Integrity Bill to members of the judiciary. I told them in my view anybody can ran for office (that includes my mother's cat). However based on Chapter Six of the constitution not everyone who can run for office can hold office. The issue to me was not who can run for office but rather what do we do with those who end up in office and are then declared unfit to hold office by a court decision in application of Chapter six of our constitution? That is the issue we have not debated at all.
What do we do if such a person is the president of the republic since a president can only be removed through impeachment which will have to be done by M.Ps who may be too compromised to act? What happens in that paralyzing stalemate? That was my concern and I felt the failure of the Integrity Bill is in not providing a clear cut mechanism declaring that any public officer found unfit for office based on Chapter Six of office must leave office immediately. That to me is the issue and that is where the cabinet, the M.Ps and even the CIC have failed the nation.
All these talk about vetting and declaration of wealth is just red-herring. It is nonsensical and would make no difference at all. We are having a false debate about the Integrity bill. We will pay for it dearly when the time comes because whatever the M.Ps pass will not change the constitution. As usual we will wait till the paralysis happens then we will deal wit hit. What else is new.
Note. I must say it felt very good to be back at Taifa Hall once again in the eye of the storm (Katiba). It is the war on Katiba that got people like me into the world of political activism and it was nice that one of our mentors then, Dr. Mutunga was on this day addressing students in his new capacity as the Chief Justice of our country. I showed my son where the the CJ's office used to be when he was a young law lecturer who offered free advice and help to student leaders like myself.
It was nice to meet the my comrades like Mwandawiro and others at the event and to be in the company of the young guns who there not just to participate in the discussion but also to record it for future discourse. Our country is in good hands but it is going to require a lot of work. It shall be done.
