CJ Maraga should hasten judicial reforms

The difficult yet not impossible task of reforming the Judiciary has just started for Chief Justice (CJ) David Maraga. Justice Maraga replaced Justice Willy Mutunga, who relinquished office in June 2016 to pave way for the election of a new Chief Justice in time for the 2017 General Election.

This was important in precluding a constitutional crisis after the 2017 General Election. Dr Mutunga's early exit was to ensure the presidency of the Supreme Court would be intact to hear any possible post-poll petition. Maraga takes over a Judiciary that is not deemed to be above board where corruption is concerned.

Indeed, Mutunga had decried the return of corruption within the Judiciary.  Justice Maraga must go the extra mile to reclaim the Judiciary's lost glory. The need for a radical surgery cannot be over-emphasised. The sluggish pace at which cases are determined has resulted in serious backlogs, hence raising concern among those who seek justice.

In line with the adage justice delayed is justice denied, the expansion of courts and the hiring of more judges and magistrates should be prioritised. By the time of his leaving, Justice Mutunga had increased High Courts from 14 in 2011 to 34 to date. The Court of Appeal has been expanded to also sit in Malindi, Kisumu and Nyeri. In 2011, there were only 42 judges compared to 104 today.

Justice Maraga can build on the reforms his predecessor had initiated to achieve even greater success. Most importantly, Maraga must vigorously defend the independence of the Judiciary in line with the principle of separation of powers, yet still retain a harmonious working relationship with the Executive and the Legislature.

Giving the courts a friendlier outlook will go a long way in ensuring the perception of the courts' system as one that favours the rich and powerful is rectified.