Mutunga retires and takes up Maldives job

Outgoing Chief Justice Willy Mutunga (centre) hands the Judiciary's flag to Supreme Court Judge Mohammed Ibrahim yesterday at the Supreme Court in Nairobi. PHOTO | JEPTUM CHESIYNA | NATION MEDIA GROUP

What you need to know:

  • Outgoing Chief Justice warns politicians will spark chaos if they reject dialogue.

Chief Justice Willy Mutunga retired on Thursday, just hours after delivering his final ruling as President of the Supreme Court.

Ironically, his last case involved Deputy Chief Justice Kalpana Rawal, who wanted an earlier ruling confirming her retirement put on hold. Dr Mutunga declined to grant the request, effectively sending his deputy on retirement.

When her lawyer rose to challenge the ruling, Dr Mutunga and judges Mohammed Ibrahim and Smokin Wanjala rose to their feet and left the court room.

Dr Mutunga announced that he will be taking up a new job as a Commonwealth Special Envoy to Maldives, where he is expected to aid in the process of constitutional and political transition. He was appointed to the post by the Secretary General of the Commonwealth, the Rt. Hon. Patricia Scotland.

“The overarching mandate is to support a sustainable political dialogue process leading to a stronger climate of pluralism and inclusive elections in 2018,” Dr Mutunga said.

Dr Mutunga reserved his final jab outside the courtroom to local politicians.

Describing them as self-centred, he warned that if they do not rise above ethnic politics and fail to give dialogue a chance, the country could lose all democratic gains.

“As long as the politicians frown upon dialogue and continue to maintain intolerance rather than ideology as the fuel and framework of politics, we risk everything that we have put in to build this country,” he said.

Reflecting on his legacy, he said he had left behind a Judiciary that was more independent and more humane, one that defended the Constitution, expanded access to justice and reduced case backlogs.

To the judicial officers he left behind, he said: “And for you to succeed, you must invest in winning public confidence and deepening public accountability, fighting and resisting corruption, and paying attention to evidence and data in your operations”.

Supreme Court Judge Mohammed Ibrahim will now take over as president of the court pursuant to Section 6 (2) of Supreme Court Act.

The Court of Appeal will be overseen by its president, Justice Paul Kihara Kariuki, while the High Court will be under the leadership of Principal Judge Richard Mwongo.

Judiciary Chief Registrar Anne Amadi remains in charge as accounting officer and chief administrator.