Mutunga warns Kenyans, leaders on integrity

By Isaiah Lucheli

The Judiciary will stand firm and ensure leaders who fail to meet the threshold of integrity as set out in the Constitution are not considered for public office.

Chief Justice Dr Willy Mutunga, who is also the President of the Supreme Court and the one who will swear in Kenya’s fourth President made the fearless pronouncement yesterday, warning that the courts will not shy away from defending the spirit and letter of the Constitution.

Saying he would forever fight “in the trenches of reform”, Mutunga dismissed claims by a section of lawyers, MPs and political leaders that Chapter Six of the Constitution on leadership and integrity stands suspended until a Bill is passed to implement it.

Addressing newly sworn members of the Independent Police Oversight Authority (IPOA), Mutunga told them not to expect a smooth transition when they begin discharging their mandate.

“You will meet numerous opposing forces, intimidation and obstacles but I urge you to take up the challenge, do not be intimidated discharge your duty without fear as the country is counting on you,” he said

The CJ’s words came on the back of his startling revelation that unknown people threatened him for refusing to be influenced by vested political interests.

“I have faced threats and intimidation in my resolve to reform the Judiciary and fight for justice for all, but I have come to realise that the challenges that I have encountered have energised me. I have to be in the trench of reforms,” he said.

Chapter six

The CJ promised to ensure that the courts uphold Chapter Six of the Constitution to weed out individuals who do not meet integrity and leadership standards.

His strong statement renewed the hopes of millions of Kenyans who have feared the worst, as Parliament and the Executive remain divided over Chapter Six of the Constitution that touches on leadership and integrity of public officials.

The CJ was emphatic that the courts must be seen to uphold the spirit of the Constitution when it comes to interpreting Chapter Six, which he warned could still be used to vet those seeking leadership positions.

Mutunga said the Constitution must be upheld and followed to the letter by the courts to ensure that people seeking to lead are held accountable, and those who fail integrity and leadership thresholds are not appointed or elected to public offices.

He explained that the vetting of public servants is a prerequisite in restoring public confidence and reforming the institutions.

Among other things, Chapter Six of the Constitution demands that State officials bring honour and dignity to the office and promote public confidence in the integrity of the office.

Mutunga said Chapter Six is adequate despite the fact that Parliament is mandated to establishing procedures and mechanisms for its effective administration. Speaking in Nairobi, Mutunga reminded public servants and individuals seeking elective positions that they would be vetted before taking up any key positions.

“Chapter Six of the Constitution will be used to vet all those seeking public office and they must, therefore, meet all the requirements,” said Mutunga.

The Judiciary and Kenya Police, said Mutunga, have been branded the most corrupt institutions because of officials who create obstacles and frustrate reforms so as to continue benefiting from corruption at the expense of service delivery to the people.

The CJ disclosed that the various organisations spearheading reforms in various arms of government would be brought together when a board is formed to ensure that they can share on their progress.

Optimism

The Chairman of the authority Macharia Njeru expressed optimism that members of the board were well equipped to discharge their mandate diligently and effectively.

He noted that the National Police Service Commission (NPSC) had not been put in place but added that the authority would be able to start its work immediately.

“We in IPOA are aware of the enormity of challenges ahead of us. As we applied for these positions, we knew what we were getting ourselves into. To us is a simple task of holding the police accountable for their actions at all times,” said Njeru.

The chairman said although the force is in dire need of reforms, it is not an excuse for them to engage in corrupt and unethical practices, professional misconduct and crime.

One of the raging debates in the country centres on whether four Kenyan suspects facing trial at The Hague over crimes against humanity can run for public office.

Two of the four, Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto as well as their lawyers and supporters insist that the law does not bar them from running unless they are convicted in court.

Last week Former Ethics and Ant-Corruption PS John Githongo appealed to Uhuru and Ruto to abandon their presidential ambitions for the sake of peace.

Bizarre

“It would be bizarre for the two, who are facing crimes against humanity charges at the International Criminal Court to vie for the presidency,” said the Githongo.

But in a rejoinder, Uhuru’s communications director, Mr Munyori Buku said Mr Githongo was entitled to his opinion but should distinguish fact from opinion.

“We fought for a new Constitution so that we that cannot be ruled by the whims of the Githongo’s but the dictates of law and therefore Mr Kenyatta will run for president,” said Buku.

A section of civil society has also urged the two not vie for the presidency until their cases are determined at The Hague.