Thursday, 4 April 2013

KIBAKI NEVER USED HOTLINE

When Chief Justice Willy Mutunga took up office in June 2011, he was promptly notified of the existence of a red telephone placed on top his office desk. At first glance, he thought the telephone was just like any other. But this was not the case. The person showing him round the office had information that startled him. 
The little red telephone was a direct line to State House and would only ring when the President wanted to issue instructions to him.
Said the CJ: “The person who showed me the hotline, pointed at President Kibaki’s photograph hung on the wall and told me ‘hii simu ni ya wenyewe’ (this phone has its owners).” As members of the Judiciary, led by Dr Mutunga, hosted a farewell luncheon for President Kibaki, the CJ revealed that the hotline never rang even once since he took up the office.
“I congratulate you Mr President for not picking up that telephone regardless of how you felt about the way matters were being handle at the Judiciary,” said Dr Mutunga.
He went on: “This is because of the cordial relationship between the Judiciary and the Executive. This relationship has never been one of instructing one another but pulling together when national duty demands.” The supreme court judges gave the President a golfing set comprising a bag, golf clubs and a tie.  Dr Mutunga said more than once, the Judiciary made several decisions that were not so favourable to the government and praised President Kibaki for accepting them.
“On these occasions, you felt that being the statesman, with the ability to see that there was democracy in the country, was more important than engaging in unnecessary contest on who is right and wrong,” he said. The CJ said it was unusual for any head of State to see their power questioned as happened in the events that preceded his appointment to office.
“It is equally not common for a president not to take offence when he is reminded by a court to carry out a constitutional obligation such as happened with the gazetting of the National Lands Commission.”
He said the cordial relationship cultivated between the three arms of government had led to increased budget allocations for the Judiciary. The institution received Sh16 billion from the exchequer. Judiciary Registrar Gladys Shollei noted that the last time a sitting president walked in the corridors of the Courts was in 1969. President Kibaki and others at the luncheon – Attorney General Githu Muigai, Justice Minister Eugene Wamalwa and former Speaker Kenneth Marende – heaped praise on the Judiciary, saying it had played a critical role in the country’s development. They lauded Dr Mutunga for spearheading judicial reforms.
“Since taking office, the team at the Judiciary has proactively instituted measures to enhance service delivery and the administration of justice. It is my prayer that you will continue leading this important arm of government with diligence, dedication, and determination,” said President Kibaki. He also congratulated the six Supreme Court judges for handling well the presidential election petition challenging the outcome of the March 4 General Election.
“I congratulate you for handling all parties with utmost respect, adhering to the constitutional timelines set for hearing and determining petitions, and for maintaining your independence and professionalism. I am certain that the confidence the people of Kenya had placed on you has been affirmed." He expressed delight that their verdict had been accepted by Kenyans, who also maintained peace.
“The ultimate winner was the people of Kenya. Indeed, those aggrieved by the outcome of an election have the right to be heard in our courts. In giving them an avenue to be heard and letting the respondents adequate time to reply, you helped instill confidence in our judicial system,” President Kibaki said.
“The open, transparent and timely manner, in which you dealt with the issues, sends a clear message that through hard work and accountability the large case backlog in our judicial system can be dealt with.
“I trust that the rest of the Judiciary will learn from the Supreme Court whose members, have set high standards and raised the bar in our corridors of justice.”

Courtesy: Nation Digital

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