As Kenya come of age with the New Judiciary?

As Kenya come of Age with the New Judiciary?

Updated on: Monday, June, 21, 2011 Story by: MEEME JOSHUA

When Narc dislodged KANU from power in 2003, the nation was in a frenzy of enthusiasm; when National Accord and Reconciliation Agreement was signed after 2008 Post Election chaos, citizenry breathed a sigh of relief. More celebrations were witnessed when the New Constitution was promulgated August, 2010. The struggle for birth of freer Second Republic was climaxed with the appointment of Dr. Willy mutunga and Nancy Baraza to head the Judiciary: the third arm of the government. As the country endeavors to break away from its tainted past there are still many of us who still fantasize the status quo. To them the new appointments is not such good news.

With new faces and mannerisms in the Judiciary apex after appointment of Dr Willy Mutunga and Nancy Baraza to head the Judiciary in Kenya, optimism among Kenyans has been renewed. High approval of the duo notwithstanding the flawed process that saw the appointment of Keriako Tobiko as Director of Public Prosecutor, Kenyans stands on high pedestal of change; a change that we all want to be part of. Lest we forget, shenanigans of impunity have been shaken as the indomitable pair takes charge of the wheels of justice. Indeed these wheels were surely and definitely grinding to a halt. Thanks to the KANU regime carryover of Amos Wako. After the threat to throw out all the three nominees became real, Mps gave in to demands for the sake of Dr Mutunga and not for the suitability of Tobiko. History will bare them and separate them for individual evaluation.

While expectations are high so could be disappointments. Kenyans have shown frustration due to their leaders failure to effectively address their plight. Appointment of Mutunga as Kenya's 13th Chief Justice with 88 per cent public approval ratings is indeed a high stake. The question is will Kenyans now find it easier to seek fairness in the corridors of justice than resulting to mob justice and sale of justice to the highest bidder? Will the police have the motivation to arraign suspects before courts rather than sticking a bullet in the back of their heads? Will local Kenyans stop lynching suspected witches? Will Kenyans see an end to impunity in corruption and plunder of public resources? Are we about to see a culture of meritocracy as opposed to the current nepotism and kleptocracy?

Well, this is bagful of issues. But it is only time that will bill the Judicial System out. Passing a judgment now is premature. Elevating expectations could be heart-breaking. However standards must remain high when vetting public office holders. On this note the police vetting process is an effort in futility. An institution that seeks to reform itself should allow the accusers to have a chance to lay the accusations. The public are the people jilted by actions of omission and commission by police officers. It behooves the public to accuse the officers and let them exonerate themselves. We cannot allow another Atwoli style in the vetting process. To improve the trust of the police, there is need to be transparent in the vetting and not to seem to be hiding something. Kenyans want to exhume injustices by police officers and seek explanation. Without a fair process the public will continue to view the police as an institution belonging to the past.

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