Retired CJ Willy Mutunga leaves a checkered legacy

As Chief Justice Willy Mutunga took his exit, the matter of his legacy has been on the lips of many. Opinions have been varied, with several at opposite extremes. There are those who have hailed him as the best CJ Kenya has ever had. To this group, Dr Mutunga has been a revolutionary judge who did not care to conform to the traditional judicial architecture. Accordingly, he helped demystify judicial procedures and practices, thereby making the courts less formal and more user friendly. To this group, and in Mutunga’s own words, the CJ has defended and upheld the new Constitution, often at the risk of his own life and reputation.

He has ensured the independence and integrity of the Judiciary, thereby restoring the face of this critical organ of the state. Mutunga has further decentralised and decongested the court system, thereby bringing justice closer to the people.
But, at the other extreme are those who view Mutunga’s tenure as one that did not live up to expectation. To this group, the former CJ has left the Judiciary in disarray. In their view, the drama that dogged the Supreme Court, well up to the dying minutes of his tenure, was an indicator of an institution in disintegration. In fact, this group was perhaps best represented by an editorial cartoon posted in a local daily on Thursday.