Graft creeping back into courts, warns CJ

Deputy Chief Justice Kalpana Rawal (left) and Chief Justice Willy Mutunga attend the Annual Judges Conference at Sarova Whitesands Beach Resort and Spa on August 3, 2015. PHOTO | WACHIRA MWANGI | NATION MEDIA GROUP.

What you need to know:

  • CJ says investigations are ongoing and the Judicial Service Commission will weed out corrupts elements in courts.
  • Dr Mutunga said JSC is disturbed by the high number of corruption-related complaints against judges and magistrates.

Chief Justice Willy Mutunga on Monday warned judges and magistrates against engaging in corruption, which he said had reached alarming levels.

He said investigations into corruption cases were ongoing, and that the Judicial Service Commission would weed out all corrupt elements in courts.

Addressing over 200 judges drawn from High, Appeal and Supreme courts in Mombasa, Dr Mutunga said JSC is disturbed by the high number of corruption-related complaints against judges and magistrates.

“If we continue to cover up for and protect colleagues mired in this vice, and allow them to tar everybody else, if we continue to engaging in this immoral sport, then I can assure you the vetting will be back and this time, in a more vicious form than the previous one,” he said.

PROTECT JUDGES

Whereas JSC has a duty to protect judges from petty harassment, he said, it cannot defend them against serious integrity issues like long-finger habits.

“JSC takes no pleasure in subjecting judges to disciplinary processes but will not flinch in acting tough on these integrity concerns,” he told the judges gathering for this year's colloquium.

“The driver for corruption cannot, therefore, be poverty unless it is poverty of self-respect and honour. Bribe-taking is one of the most despicable expressions of self-disrespect that I have ever seen and it must stop,”

The President of Supreme Court of Kenya told judges that corruption corrodes personal esteem and public confidence in the judiciary.

ACCOUNTABILITY

“I have never understood why a judge, who is very well paid, enjoys security of tenure, has highly concessionary mortgage and car loan facilities, has an excellent medical cover, has probably had a previously successful career as an advocate or scholar for over a decade, should indulge in a practice so demeaning at both professional and personal level,”.

He also called on judges and magistrates to be accountable to the public by responding to inquiries, especially on cases of laziness, which he noted has nothing to do with interference of judiciary's independence.

“The bar of public accountability has risen and we must accept this is of the new Kenya. When members of public write to me complain about delayed cases, I expect judges to respond,” he said.