Tuesday, August 18, 2015

The Doctor's Legacy.

She thinks the world is one dark cloud; I think it has a silver lining, too. We can't both be wrong. But we can both be right, can't we?

Did you see the Chief Justice of Kenya busting cartels in the judiciary yesterday? I did. My heart sank. Why does it take for the Chief Justice of Kenya - the President of the Supreme Court - to walk along the corridors of his courts so that he can "unearth corruption in the administration of justice" as if management by walking around ever worked elsewhere? And then I felt like quite the heel for my uncharitable thought about my Chief Justice.

I don't know whether Dr Willy Mutunga is an honest man. I believe he is. He has tried every tactic in his considerable repertoire of tactics to tackle the endemic graft in his Judiciary and has faced resistance at every turn. Some of the resistance has come from the most unexpected quarters. He has had to adapt. He has had to form unpalatable, odious partnerships. He has had to carry more water than any other Chief Justice before him. He has had to do it all while overseeing the largest overhaul of a hidebound, conservative, pro-establishment institution in a half-century. And has had to do it while keeping his customary half-smile on his face.

I don't know if he will agree with me, but he owes Evan Gicheru, his predecessor, gratitude for setting the stage for the reforms that are taking place today. If Chief Justice Gicheru had not been so universally reviled by the newsmedia and the Kenyans who egged them on, there is no way that Chief Justice Mutunga would have been appointed to his office. Without the dark, you will never appreciate the light. Without Evan Gicheru, there would have not been a Willy Mutunga.

Mr Mutunga's term is drawing to a close. He is, in effect, a lame duck Chief Justice. I hope he takes his position seriously. The Traffic Court walkabout is a sign that he is about to dump the Chief Justice's Manual and revert back to the Willy Mutunga Playbook of Reforms. He's already warned his Judges and magistrates that he will have them vetted again if they keep on with their corrupt ways. I say, vet them afresh! The phoenix always rises from its ashes. Burn it to the ground, Mr Mutunga. Burn it all down.

He is right. How can a man look himself in the mirror after selling his soul for a handful of silver? There is nothing that deadens the spirit than compromising one's once deeply-held values of honesty, integrity, professionalism and trust just so that one can drive in a fancier Mercedes-Benz or live in a leafier leafy suburb. Mr Mutunga must drive all these salesmen from the temples of justice with a bullwhip and blowtorch. If he can do that in the two years he still has left, he will not need a great Supreme Court judgment as his legacy.

She may see the dark cloud; I will always see the silver lining.

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