It's early days yet about reforming the administration of justice

The Chief Justice, ever since he was sworn in, is constantly being accosted to make statements regarding this or the other and then to constantly clarify his statements. As the head of the Judiciary, and the President of the Supreme Court, Dr Mutunga is placed in the unenviable position of giving the Judiciary a makeover and to manage the change from a closed-shop style of management to a more open and transparent style, raising people's faith in the administration of justice apparatus of Kenya. He faces a daunting task and the impatient among us are already calling into doubt his ability to effect the change that is demanded.

While a public communications strategy is now part and parcel of any public institution, Dr Mutunga must be careful that he does not endanger the credibility of his office by making statements that need constant rehabilitation in the press. The changes that are coming to the Judiciary require him to demonstrate the qualities that make all good judges great: deliberation and a careful choice of words. As the Chairman of the Judicial Service Commission, Dr Mutunga will be at the head of the process of appointing new judges of the High Court as well as oversee the vetting of all judges and magistrates. In the process, Dr Mutunga will be responsible for a process that may see more judges and magistrates resign rather than face a public inquisition regarding their continued service in any branch of the Judiciary. He must be careful to ensure that not only fairness prevails but that the credibility of the surviving officers is no longer in doubt and that all those who serve in the Judiciary play their roles diligently and honestly.

Dr Mutunga and Ms Baraza have barely began the arduous task of leading the Judiciary. While no one doubts that he has the capacity to learn speedily of what is required of him, he and his deputy must ensure that their learning curve is not distorted by the practices of the past. The cronyism that characterised judicial appointments and transfers must be a thing of the past and only those who merit such trust should be allowed to administer justice in our courts. If he can navigate the appointments process and oversee the coming vetting credibly, Dr Mutunga will have done more than enough to set the Judiciary on the right path. 

However, to expect the changes in the Judiciary to be carried out by the CJ and DCJ on their own is to miss the role of all stakeholders by a mile. Obviously, the Bar must play its part in the process now that two of its own sit in the JSC. But it is the wider citizenry that must answer Ahmednasir's call and provide all information at its disposal to the JSC in order to determine the future of the Judiciary. If we act as we have in the past, sitting on the fence and whingeing constantly, we will have no one to blame when it all goes pear-shaped.