CJ vows to fight graft in the Judiciary

Dr Willy Mutunga on Monday signalled a complete break from the past in both words and actions as he took office as the country’s Chief Justice.

Mr Justice Mutunga warned judges against being captives of political or commercial interests saying it should no longer be possible to speak about corruption and the Judiciary in the same sentence.

And the new CJ did not wear a robe and wig — the traditional attire judges wear. Judiciary spokesman Nicholas Mbeba said the Chief Justice took the decision “to break from the past”.

Robed and wigged judges are perceived as intimidating to ordinary people and Justice Mutunga’s action may be interpreted as his intention to make the institution more approachable to the common man. (READ: Was Mutunga signalling end of old order?)

His intention, he said, was to create a judiciary where both the high and the low are both equal before the law.

“It should no longer be possible to speak about corruption and the Judiciary in one breath,” Mr Justice Mutunga said at the Nairobi Law Courts after his swearing in.

The CJ told members of the Judiciary that he would be true to his oath of office by upholding the dignity and respect for the institution.

“In return for the independence the Constitution secures for us, we as judges must guard against becoming captives of political, commercial or other interests,” he said.

The CJ challenged Kenyans to equally take up their responsibility to monitor, report and ensure that the Judiciary is accountable to all.

Giving a speech at the Nairobi Law Courts after the swearing in, he urged lawyers to uphold integrity and challenged them to radically lift the ethical standing and conduct of members of the profession.

“I urge you (lawyers) as our partners in the administration of justice to use your advocacy with integrity in order to help us to keep the scales of justice in equilibrium.”

Justice Mutunga was sworn into office at State House Nairobi on Monday together with his deputy, Lady Justice Nancy Baraza and the country’s new Director of Public Prosecutions Keriako Tobiko. (IN PICTURES: Mutunga, Baraza, Tobiko sworn in)

The brief ceremony was witnessed by President Kibaki, Prime Minister Raila Odinga, Justice Minister Mutula Kilonzo and Attorney-General Amos Wako among other senior government officials.

In his address to the nation, Justice Mutunga called for the three arms of government to “respect, preserve and protect the separation of powers as mandated by the Constitution.”

In return, he promised that the Judiciary would uphold and respect the legislative power to enact just laws, and acknowledge the executive arm’s power of governance subject to legal strictures.