CJ defends judges on rulings

Chief Justice Willy Mutunga has defended the Judiciary against claims that its rulings and injunctions are blocking reforms.

Dr Mutunga asked Kenyans to respect the courts and let judges do their work. Those unhappy with the rulings have the Court of Appeal to go to, he said.

The CJ said there was no policy in the Judiciary to block reforms and asked the public to give judges and magistrates feedback on decisions they felt were unfair.

Judges, he noted, had been making decisions on isolated cases, each with their own interpretation of the law.

“The decisions may be wrong or not fair and I think that’s important for the public…and it’s very important for the judges to have that feedback,” said Dr Mutunga.

“When the courts decide on injunctions, I can’t interfere with what we call decisional independence of judges. They have the right to hear cases and make decisions. Kenyans who are not satisfied have the right to launch appeals to the Court of Appeal and the Supreme Court.”

The Chief Justice was reacting to concerns expressed over orders and injunctions from the courts, with Justice minister Mutula Kilonzo warning last Monday that this was a threat to judicial reforms.

He cited the Court of Appeal decision stopping the Vetting of Judges and Magistrates Board from starting its work until a case filed by a former university law student is heard and determined.

Dr Mutunga assured the public that cases filed on the vetting of judges and magistrates, considered crucial in the first phase of judicial reforms, would be heard and determined speedily.

“We must allow the courts to make decisions and if we think those decisions are wrong then we can go back to those courts and ask them to vary their decisions. There are procedures for that and for appeal,” he told journalists after a meeting with the Swedish and German ambassadors to Kenya.

German ambassador Margit Hellwig-Boette called for the date of the next General Election to be decided soon to ease anxiety among investors.

Her Swedish counterpart Ann Dismorr said she was impressed by the “comprehensive and holistic approach” to the Judiciary reforms.

Dr Mutunga said there were likely to be more cases of citizens seeking interpretation of the law based on unique aspects of the 18-month-old Constitution.

“We can expect more applications coming to court. Some will be frivolous, vexatious and an abuse of the process of courts. Kenyans seem to know what the Constitution says. They are not allowing us to interpret what it says but they should know that it is the courts that interpret the law,” said Dr Mutunga.

At the same time, the Judicial Service Commission will recruit eight judges to replace the seven promoted to the Court of Appeal.