Mutunga fights graft cartels in courts shake-up

Chief Justice Willy Mutunga has overhauled the Judiciary, promoting younger judges and restructuring the divisions of the High Court.

In a bold move that stamps his authority on one of the arms of the government, the changes appear intended to inject new blood and youth into a normally lethargic institution.

The changes are contained in a confidential memorandum seen by the Nation and come into effect on October 1.

The leadership of key divisions has been given to younger judges perceived as reformists.

The reshuffle also seemed targeted at dismantling old networks blamed for corruption and inefficiency, and speed up delivery of justice.

“The changes take effect on October 1, 2011. Let us get down to work for the nation,” said the Chief Justice in the memo.

Elderly judges were lumped together in the “less strategic” criminal and civil divisions which were considerably strengthened.

The Criminal Division was reinforced with two additional judges resting the number at five.

The commercial division has particularly been criticised by lawyers who described it as moribund.

Dr Mutunga also deployed the recently appointed judges and transferred those who had overstayed in certain stations.

One of the most notable changes was the overhaul of the sensitive Judicial Review Division, headed by Lady Justice Jean Gacheche.

She was transferred to Kericho and replaced with Mr Justice Mohammed Warsame.

Government decisions

This is usually the division in which government decisions are challenged and because of its strategic nature it has historically been presided over by judges perceived to be friendly to the government.

The other major highlights of the move was the posting of a judge, Lady Justice Stella Mutuku, to the Northern frontier district of Garissa for the first time. She will be Garissa’s first ever judge.

Perhaps to signal efforts to inject freshness into the institution and give it a new face, majority of the division heads are “Narc judges” appointed after the 2003 “radical surgery”.

The youthful Mr Justice Isaac Lenaola will head the new Constitutional and Human Rights Division.

Newly-appointed judges David Majanja and Grace Mumbi, a human rights activist who is living with albinism, will sit in the Constitutional and Human Rights Division.

Mr Justice Daniel Kiio Musinga will now head the restructured Commercial and Admiralty Division, while Lady Justice Martha Koome will lead the Land and Environment Division previously headed by principal judge Msagha Mbogholi.

The Commercial Division now has eight judges, six of them newly appointed. This is a far cry from the usual three judges.

Judge Koome’s division comprises four judges — all of them women.

“The appointment of younger and reformist minds to be the backbone of the Judiciary while sending the “Old Guards” to the criminal and civil divisions is the CJ’s reflection of the weaknesses of the institution and the direction he wants it to take,” said a senior lawyer who did not want to be named.

Principal judge Msagha Mbogholi will lead the Criminal Division and Mr Justice John Mwera the Civil Division.

Long-serving judges

The two divisions will be the home of long-serving judges such as Roselyne Nambuye, Kalpana Rawal, Hatari Waweru, Mary Ang’awa (Civil Division) and Nicholas Ombija, Murugi Mugo, Fredrick Ochieng (Criminal Division).

High Court judge Paul Kihara is the new director of the Judicial Training Institute and will also sit in the Commercial Court for at least two days a week while Mr Justice David Maraga will be the head of the Family Division.

The commercial and land divisions have historically been perceived as the Judiciary’s hubs of corruption and ineptitude.

The creation of the Human Rights Division is most probably in anticipation of more litigation as a result of the expanded Bill of Rights under the new Constitution.

The Judiciary has suffered a crisis of public confidence blamed for the post-election violence and the culture of impunity.

This is the disease that the Constitution sought to cure by demanding the vetting of members of the current Bench.

The other major highlight was the transfer of Nairobi-based judges Aggrey Muchelule to Bungoma and Muga Apondi to Meru.

One of the greatest beneficiaries of the changes was the Mombasa High Court, which now has seven judges.

The judges to sit in Mombasa are Lady Justice Hannah Okwengu (head), Lady Justice Grace Nzioka, Lady Justice Mary Kasango, Lady Justice Maureen Adero, Mr Justice Murithi Muthoga, Mr Justice Francis Tuiyot and Mr Justice Richard Mururu.

The new judicial officers would replace judges Mohammed Ibrahim and JB Ojwang who were recently promoted to the Supreme Court.

Judge Stephen Makhandia moves from Kisii to Machakos where he will be the head.

Lady Justice Abida Aroni will be the chief judge in Kisumu, Ruth Sitati (Kisii— which has two more judges), Joseph Sergon (Nyeri), David Onyancha (Embu) while Roselyne Wendoh will be in charge of Nakuru.

In Mombasa, besides the backlog of cases more judges are also expected to address the increasing maritime cases.