Tough task awaits new face of the Judiciary

By Gakuu Mathenge

The new faces of justice system unveiled by President Kibaki assume office at a time expectations on these offices is high and trust in the offices’ service delivery is rock bottom.

If the appointments pass through vetting in Parliament, these are the most critical offices Kenyans peg their hopes to restore faith in the justice system, and by extension, national stability.

Backed by an independent Judicial Service Commission (JSC), theirs will be a Herculean calling, as Kenyans demand justice for victims of impunity dating back to the day Kenya gained independence.

The team is being called upon to turn around the cumulative legacy of their predecessors that reeks of impunity.

Indeed, the gold mark of this legacy of past occupants of the offices of Chief Justice and the Attorney-General is that of selective application of justice for such a long time that many Kenyans today "understand" why suspects are lynched in the streets and shot in cold blood by police.

So the big question on many people’s lips is not so much as their names, tribes, political affiliation, academic credentials or family or racial backgrounds, but do they fit the bill? Will they deliver?

From random interviews The Standard On Sunday carried with their peers, Prof Githu Muigai, Appeal Court Judge Justice Alnashir Visram and Nairobi lawyer Mr Kioko Kilukumi, are held in high esteem in their respective fields of legal profession.

But they will have to pull off a revolution to win the trust and respect of Kenyan on the street that they have been called to serve.

They must set new standards, invent new language, infuse new ethos across the board to send a message to cynical Kenyans, that it is no longer business as usual and there is a new Sheriff in town.

As for credentials and brilliant CVs, few would compete with Amos Wako’s, a former President of East Africa Professional Societies, besides being a Human Rights rapporteur with the United Nations Human Rights Council.

The appointments start with a dose of goodwill from their peers, going by the words of LSK chairman, Kenneth Akide, who endorsed the three as "the best legal profession could offer".

"These are best the LSK had to offer. They are the crËme de la crËme of LSK. Prof Githu Muigai has top academic credentials and the only challenge is to translate them into service. Kenya is also polarised along ethnic, regional and political lines and Visram was the best Kenyans could ask for in the circumstances," Akide said.

But the appointments were also made at a time of great transitional political whirlpool, complicated with Kenya’s entanglements with the International Criminal Court with several senior political and civil service personalities involved.

Kenya is in the ICC’s spotlight and global watch precisely because the offices of the Chief Justice, Attorney General, and Public Prosecutors’ office are such that they could not be relied upon to do justice for victims of the post-election violence.

Kenyans and the world will be watching how Prof Muigai, Visram and Kilikumi dispense punishment to the powerful suspects.

They will keep a close eye on how the new face of the criminal justice system handles the extra-judicial killings that left over 5,000 youths dead in the name of crackdown on Mungiki sect in the last four years.

Grand corruption is only second to gross human rights abuses, and Kenyans will be watching to see if the trio will finally pin down big kingpins of corruption.

Former KACC Director Aaron Ringera and his successor Patrick Lumumba accused AG’s office of sabotage of anti-corruption war by killing suits.