Wind of change blows through the Judiciary

Things are looking up at the Judiciary with employees and even advocates talking about remarkable changes at an institution that had long lost its integrity and public goodwill.

Pointing at Chief Justice Dr Willy Mutunga’s management style — which they describe as a break from the past — the employees draw this conclusion from the little things that are now being done differently by the CJ and his deputy Nancy Baraza.

Employees who spoke to Saturday Nation acknowledged that although it might be too soon to single out any significant change, with the new office holders having spent only five days in office, they expressed their surprise at what they had noted thus far.

“I have never had a handshake with a sitting CJ,” remarked one senior secretary, who declined to be named, “but I did it yesterday!”

This was in apparent reference to the orientation of Dr Mutunga, well known for his vocal campaign for reforms in the country, at the institution he is coming to head.

Judiciary spokesman Nick Mbeba described the Chief Justice as interactive and respectful.

He is a man who will meet you on the corridor and want to know who you are and what you do,” said Mr Mbeba, adding that the CJ is enjoying positive reception from members of staff.

Those who have worked with him in the past say he is a stickler to the law. And already, he is at the centre of the ongoing debate on payment of tax by offices previously exempted by the old constitution, including the Judiciary.

His opinion — nobody is exempted. In that light, he has contacted the tax collector seeking ways of ensuring that the Judiciary complies with the law.

Kenya Revenue Authority is on record acknowledging that the Judiciary has contacted them seeking to comply with the directive that they pay tax.

And in a first, Dr Mutunga, who holds a doctorate in law and is a former chairman of the Law Society of Kenya, has held a meeting with departmental heads.

“During my stay here, that has never happened,” said Mr Mbeba.

The activity that followed the arrival and departure of the chief judge is also no more at the Judiciary. Instead, Dr Mutunga interacts with employees as he proceeds to his office.

Most of them described the new CJ as friendly. “You don’t have to stand for him when he passes by...he does not bypass an employee without greeting him or her,” said one of them.

Another member of staff said that the CJ arrives at work early and leaves late — nearly seven o’clock.

The sheer fact that he was not in a robe when he was sworn in was testimony enough of his commitment to reform the Judiciary.

And members of the Bench and the Bar are now warming up to the proposal that a new dress code would soon be developed.

During the ceremony at State House Nairobi, Dr Mutunga was dressed in jungle green suit, peach shirt and brightly-coloured tie in stark contrast to the black gowns worn by Director of Public Prosecutions Keriako Tobiko and High Court Registrar Lydia Achode.
Mr Mbeba explained that the CJ’s move signified his intentions for the Judiciary. The tradition of wearing a robe, which originated in Britain, is not enshrined in the law.

Interestingly, the Chief Justice still adorned the controversial earring, which many religious leaders and conservative forces had demanded he remove.

And if you thought the secretary’s observation was taking it too far, talk to section heads at the Judiciary.

Ms Achode had led them to the CJ’s chambers for formal introductions, just in case Dr Mutunga wanted to place a call to any of them.

Three-hour meeting

“Instead of a brief session of saying your name and your department, Dr Mutunga turned it into a three-hour meeting where we had open discussions regarding the challenges we are facing,” said one of the heads, who declined to be named.

“Things are already moving. I hope the momentum does not run out. I can already see the difference,” said another officer.

It was during the three-hour meeting that Dr Mutunga, a leading light in the clamour for constitutional reforms, promised to run the judiciary through an open-door policy and the heads of the various departments were excited.

Ordinarily, said one of them, departmental heads do not meet with the CJ and there are protocols to be followed when any of them want to pass a message to him.

A former magistrate, too, is optimistic there will be radical reforms at the Judiciary.

Ms Jacqueline Mugo, who is currently the Federation of Kenya Employers CEO however, warns that the kind of change she envisages is one that runs through the entire system.

“Major challenges are at the magistrates and court administration level. Change has to occur through the entire system in terms of computerisation, filing and administration,” said Ms Mugo.

There is debate as whether the injection of fresh blood at all levels would necessarily lead to the kind of change that is desired by many Kenyans.

Asked to weigh into the debate from her experience, Ms Mugo told Saturday Nation that not all people in the Judiciary are corrupt.
“There are pretty many people whose records are clean,” she said.
She acknowledged that after all is said and done, she would easily go back to the bench. “But not as a judge. Perhaps at some higher level,” she said.

Advocates, too, accept that change has come and that they would no longer be thrown out of court because of trivial dressing issues.
Senior Counsel Stephen Mwenesi reiterates the CJ’s remarks during his swearing-in when he said it was not going to be business as usual for the Judiciary.

His learned friend Katwa Kigen, could not agree more. Mr Kigen said that the new Chief Justice comes as a breathe of fresh air at the Judiciary.
Mr Kigen said Dr Mutunga has already shown that he is different from some of his conservative predecessors.

“He actions hint of real change. He also enjoys a lot of goodwill,” said Mr Kigen.

A case challenging the appointment of Mr Tobiko as DPP is among the first cases that has been referred to him.

Mr Tobiko has been accused of being corrupt and anti-reformist.