Mutula faults courts for slowing reforms process

Justice Minister Mutula Kilonzo has faulted the Judiciary for hindering the reforms process by issuing "unnecessary" court injunctions on issues of public interest.

The Justice Minister pointed out to recent court orders which he says have impeded ongoing reforms in vetting of Judges and magistrates as well as the inquiry into the conduct of suspended Deputy Chief Justice Nancy Baraza.

He further disapproved the gag order slapped by the Constitutional Court on public debate regarding the eligibility of Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP Willima Ruto to the presidency.

Speaking on Monday at the Kenya School of Monetary Studies while opening a workshop on legislation on leadership and integrity, Mr Kilonzo said some of the court actions "simply weird."

Mr Kilonzo said although he respected the decisions of the courts, he does not agree on the injunction issued on the board formed to vet Judges and Magistrates.

He said Kenyans had wanted all judges and magistrates to go home "but we settled on a compromise (vetting)".

He said the vetting board chaired by Mr Rashad Rao should be left to continue with its work so that expected complaints over new electoral boundaries could be handled by Judges who are beyond reproach.

"The Attorney General should appeal against the ruling. It is unfair," Mr Kilonzo said.

He said all Judges must be vetted transparently. Only then, he added, would public confidence in the judiciary be restored.

The Minister also took issue with the failure by Director of Public Prosecutions Keriako Tobiko to charge suspended Deputy Chief Justice Nancy Baraza until a tribunal formed to investigate her completes its work.

"You cannot prosecute Kenyans at their convenience. You should prosecute them when crimes are committed. There’s no conflict between the tribunal and the prosecution. It is either a new dawn or false dawn," Mr Kilonzo said.

The Mbooni MP said it was also wrong for the court to bar public debate on eligibility of Mr Kenyatta and Mr Ruto for the presidency after the International Criminal Court confirmed charges of crimes against humanity facing them

He said the injunctions were only delaying the processes of ensuring justice.

"They are only delaying a process that will take place eventually", said the Minister.

He said restricting the debate on whether ICC suspects should vie for presidency amounts to limiting the citizens’ freedom of speech and at best undermine the constitution.

"It limits the freedom of the citizens and also undermines the spirit of the constitution", he said.

Mr Kilonzo said Kenyan leaders should learn from a UK top minister who recently resigned for having violated a traffic offence years ago and quit when faced with an offence.

"That is called constitutionalism," Mr Kilonzo said.