BUT,WITH A REFORM-MINDED CHIEF JUSTICE ,AND ,A NEW CONSTITUTIONAL DISPENSATION ORDER ,WILL THE JUDICIARY TRANSFORM ITSELF INTO A CREDIBLE INSTITUTION WHICH WILL CLAIM IT’S LOST GLORY AND EARN PUBLIC’S CONFIDENCE? BY:MUNGAI.

Following Dr.Mutunga’s appointment as the Chief Justice,together with his deputy,Nancy Baraza,the general public has gained abit of confidence toward the Courts.A wind of change is blowing in the judiciary.It is one of the institutions in Kenya which has been in doldrums for quite along time and it has been yearning for that vital change.

Judiciary is one  of the arm’s of the government,and ,it’s mandate is to interpret the laws and settle the disputes among the warring parties.But,over the years it has failed to fulfill it’s mandate ,due to ill-vices which infiltrated the institution.And,due to these it’s image and the public confidence has slipped to the ebb.

And,so Dr.Mutunga’s elevation as the Chief justice was a relief,a God-sent which lifted  the public’s confidence towards the courts which had been accused of condoning all manner of ill-vices.An outsider from the judiciary ,from the private practise who was brought in to transform the judiciary.

If there’s one arm of the government which has being castigated and condemned for quite a long time it’s the judiciary.It has been at the receiving end of the barbs due to the manner in which it dissiments justice and  how they do handle the court cases.The backlog of cases which takes years to conclude due to sluggishness ,missing court files,frustration of cases,selective justice and corruption tells it all the rot in our judiciary.These vices have been cited among others that have dogged and haunts our courts.

The judiciary has been the stumbling block behind the free spinning of the justice wheel.The poor has at all times been at the receiving end of being denied justice due to their inability to get access of  the courts.According to a popular saying “why hire a lawyer when you can buy a judge”was a summation quote which  summaries and outlines how corruption has infiltrated the judiciary.

They stands accused because of favouring certain classes of people in the society,for what mattered most is how you fork out a bribe.And,woe unto you if you were a pauper.They were a spent force of the political class and barons who all calls the shots due to their connection and influence.

It was at the height of the former K.A.N.U regime that the judiciary fell to it’s low ebb.It was a spent force of the former regime where it abdicated court cases  and silenced the regime’s critic .The former regime was accused  ,and faced all manner of ills that contaminated the society ,and,so the judiciary came into the play to cover up these ills and swept them under the carpet.It was a rotten institution.

But,with a  reformed-minded  Chief justice,and,a new constitution will the judiciary transform itself into a credible institution which will earn public’s confidence?Will the new Chief justice be able to transform the rundown institution?

These are many questions which are on the minds of many kenyans who are eager to know if our courts will be completely transformed .The new faces in the judiciary plus the new constitution ,we do hope that the judiciary will be transformed and replenish it’s tainted image and solve the problem of backlog of cases which remains unresolved and above all make justice accessible by all regardless of their status in the society.

And,if the current actualization of the new constitution which touches the judiciary are anything to go by then the baptismal of fire is in the offings.The transparent appointment of top judicial officials plus the vetting of the Judges coupled by a number of bills to be legislated makes the institution to be the reform path.


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