Ms Shollei is wrong

Gladys Boss Shollei, the Chief Registrar of the Judiciary, is wrong when she argues that there is no justification in protesting against the planned purchase of a mansion for the Chief Justice (Protest over CJ's residence is unjustified, Sunday Nation, October 21, 2012). Let us dismiss the flimsiest reason she gives for the planned sh. 200 million expenditure for the CJ's official residence, that "the Judiciary is equally entitled to the integrity, prestige and equality the taxpayer accords to the leaders of other arms of the government." This argument no longer washes with the people of Kenya. We, the taxpayers, have sat silently by as our "leaders", even those identified in the constitution, have raided the national treasury. In a country where more than half the people live on less than one one-thousandth of what Constitutional office-holders earn in a month, it is immoral to demand that a large portion of the billions the government collects from us be spent in making what are already very comfortable lives even more so. Ms Shollei is embarrassed that the Chief Justice is still living in rented accommodation. She should be more embarrassed that millions of Kenyans cannot afford decent accommodation.

She also argues that it is a matter of the security of the Chief Justice that he should have an official residence of his own. Dr Mutunga is on record as having declared that the rulers and the ruled are equal before the law. He has expressed solidarity with the masses. He has asked not to be treated any differently than other Kenyans are treated. It is for this reason that he had no compunction in recommending the investigation of the Deputy Chief Justice by a Tribunal for her conduct at the beginning of the year. For this reason, when it comes to the security of the person of the Chief Justice, a new home in a gated community will is not necessary. Wherever the CJ chooses to live, the government will find a way of making sure that he is not at risk. Is he not accompanied wherever he goes by armed guards? Hasn't the City of Nairobi become one giant security zone? One can hardly enter any building without being searched by serious-looking security officers and such is the situation that obtains wherever the CJ is. If it is a question of entertaining guests, and if it is official entertainment, the CJ can have it done in his swanky offices at the Supreme Court.

What Kenyans are being asked to do by their leaders is to sacrifice for the good of the country. The working poor are asked to bear with government austerity in the provision of key services including healthcare and security. We are being taxed at ever higher rates so that we can all benefit. No one seems to be thinking of reducing the enormous burdens our betters  have placed on us. It is time that they too started sacrificing for the good of the country. We could begin by downsizing their enormous perks. The half-billion we spent on the Vice-President's mansion could be recovered by the sale of that monstrosity to the highest bidder. The only person, in my opinion, who deserves an official residence is the President. Everyone else could sacrifice. We don't give them millions in pay and perks for nothing, do we?

Ms Shollei cannot rely on government procedure to justify what the Judiciary is attempting. A government that has lost the confidence of the people and has refused to change with the times is not an institution that could be trusted to think outside the box when it comes to the accommodation of its senior-most officials. Of course the Public Works ministry would consider buying a mansion for the CJ. It would give the Ministry mandarins an opportunity to engage in the rent-seeking that has characterized its nature since its establishment. For an institution apparently at the fore-front of the reform programme, the Judiciary is strangely wedded to the mistakes of the past.