No plans to influence judges, says Mutunga

• Chief Justice will not try to influence the way judges make their decisions
• Every judge and magistrate would continue to be free to interpret the law without his interference

The Chief Justice will not try to influence the way judges make their decisions because that is a “no-go” zone.

Chief Justice Willy Mutunga said every judge and magistrate would continue to be free to interpret the law without his interference.

“We can’t go there,” he said at the University of Nairobi on Tuesday when he delivered a lecture on public participation in the administration of justice.

“It is very difficult for any chief justice to basically interfere with what we call decisional independence of our judges. There are some people who think that is what I should do, but if I did that, I would be removed from the Judiciary. We don’t want to go back to that era,” he said.

Dr Mutunga was responding to a question on why judges have been making controversial decisions recently, particularly the elections date and legalising the Mombasa Republican Council.

His lecture was part of the week-long Judiciary Marches Week designed to improve access to justice.

CID director Ndegwa Muhoro said Judiciary transformation would not move fast unless the actors were transformed.

Limited funding

He said a report by the National Task Force on Police Reforms had in 2009 presented more than 200 recommendations but funds to reform the force had not been sufficient.

Constitutional expert Otiende Amollo noted that support to the Judiciary, prisons and probation should cut across since the three were interdependent.

Director of Public Prosecutions Keriako Tobiko asked the government to increase funds allocation to the Judiciary.

Attorney-General Githu Muigai said an effective rule of law was the key pillar to a prosperous nation.