By Sarah Omondi
Chief Justice Martha Koome has asked judges to disregard calls by former CJ Dr Willy Mutunga to down their tools but focus on reforms that the Judiciary has committed t pursue including introducing mechanisms to reduce backlog in courts.
Justice Koome said 700, 000 cases worth billions of shillings that have impacted millions of Kenyans were pending in court saying Judge’s top priority should be on clearing the cases.
Dr Mutunga October 28 urged Court of Appeal judges to boycott work over alleged disobedience of court orders by the executive in approving four of their colleagues.
They include Justices George Odunga, Aggrey Muchelule, Weldon Korir and Joel Ngugi, who were to serve in the Appellate court. Also ommitted were Chief Magistrate Evans Makori and High Court Judge Judith Omange.
The ex-CJ revealed that he will be traveling to Canada to bring back controversial lawyer Miguna Miguna who was deported in February 2018 for taking part in the mock inauguration of ODM Leader Raila Odinga as “People’s President”.
But CJ Koome said her predecessor’s utterances were regrettable as could disrupt access to justice and affect entire justice sector noting that though retired, Dr Mutunga should secure, guide and protect the right of every Kenyan to access justice.
“While one is entitled to their intellectual and opinionative expression, such utterances threaten lives and livelihoods of millions of Kenyans. Notwithstanding the reasons for which the call was made, it is important that we examine the implications of that regrettable incitement,” CJ Koome said in a press statement.
The President of the Supreme Court said it was unfortunate that the former CJ was adopting ways which he consciously avoided during his tenure.
She cited the 2015 judges appointment stalemate where President Uhuru Kenyatta only approved 14 leaving out 11 with then CJ Mutunga adopting diplomatic approach that included urging the Kenya Magistrate and Judges Association to withdraw a suit filed on the same matter to allow negotiations.
“His perilious call to judges to down their tools, which he avoided during his tenure, is not the answer. I welcome him to support the institution he transitioned from the difficult dictatorial days by strengthening its capacity to continue dispensing justice through constructive dialogue,” the CJ said.
The High Court on October 21 directed President Uhuru Kenyatta to approve the remaining six judges in 14 days failure to which the Judges shall be deemed duly appointed as Judges of superior courts for which they were recommended.
