Maravi

Kenyan Chief Justice asks for feedback on decisions

Kenyan Chief Justice asks for feedback on decisions
By Joan Chirwa-Ngoma
Tue 14 Feb. 2012, 12:59 CAT

KENYA's Chief Justice Willy Mutunga says there is no policy in the Judiciary to block reforms. Dr Mutunga asked the public to give judges and magistrates feedback on decisions they felt were unfair. He defended the Judiciary against claims that its rulings and injunctions were blocking reforms.

"Kenyans should respect the courts and let judges do their work," according to Dr Mutunga. "And those unhappy with the rulings have the Court of Appeal to go to."

Judges, he noted, had been making decisions on isolated cases, each with their own interpretation of the law.

"The decisions may be wrong or not fair and I think that's important for the public and it's very important for the judges to have that feedback," Dr Mutunga told journalists last Wednesday after meeting the Swedish and German ambassadors accredited to Kenya.

"When the courts decide on injunctions, I can't interfere with what we call decisional independence of judges. They have the right to hear cases and make decisions. Kenyans who are not satisfied have the right to launch appeals to the Court of Appeal and the Supreme Court."

Dr Mutunga was reacting to concerns expressed over orders and injunctions from the courts, with justice minister Mutula Kilonzo warning last Monday that this was a threat to judicial reforms.

He cited the Court of Appeal's decision stopping the Vetting of Judges and Magistrates Board from starting its work until a case filed by a former university law student was heard and determined.

Dr Mutunga assured the public that cases filed on the vetting of judges and magistrates, considered crucial in the first phase of judicial reforms, would be heard and determined speedily.

"We must allow the courts to make decisions and if we think those decisions are wrong then we can go back to those courts and ask them to vary their decisions. There are procedures for that and for appeal," Dr Mutunga said.

Labels: GOVERNANCE, KENYA, TRANSPARANCY

posted by MrK @ 4:03 PM