What a breath of fresh air to see Kenya’s new Chief Justice and Deputy Chief Justice, Willy Mutunga and Nancy Barasa, take their oaths of office in normal clothes rather than traditional robes.
I don’t have a strong view about which is better, but it symbolised a new approach and a break from the past, which is what I think people want to see. It’s true that the formal court dress comes from the British tradition, but in the UK it is used much less than it used to be.
So as Kenya goes through what we all hope will be far-reaching judicial reform, the new CJ is showing that just because something has always been done, doesn’t mean it can’t be changed.
Whatever the outward form, the substance of the new appointments is very exciting. From politicians to wananchi, people have told me how much they welcomed the televised, open vetting of the candidates for the new jobs. To me this new approach really symbolises the way in which the new Constitution has been embraced by Kenyans – its spirit as well as its letter.
The sense that there is a new broom sweeping through the dusty corridors of the judiciary is very real. And let us not forget that although the challenges facing the new CJ are daunting, there is a good blueprint in the task force report on judicial reform, which could make a huge difference to the lives of everyone in the country who is touched by the judicial system in some way.
Sad, therefore, to see the contrast with the way police vetting has started. We have great faith in the ability of the Kenyan police to transform itself into a modern, accountable and properly resourced service – that is why we have consistently supported that process, despite sometimes being criticised for doing so.
But whereas the vetting of judicial jobs seems to have inspired confidence in those appointed, I haven’t met anyone who says their confidence in the police has been boosted by the vetting recently announced. That might change if there was a suitable system for input from the public or civil society.
A more inclusive process is in the interest of the police themselves – suitably qualified officers with integrity are more likely to earn the public’s respect and cooperation, while ensuring the careers of good officers are not blocked by bad ones. Perhaps early passage of the Bill setting up an Independent Police Oversight Authority, and a transparent appointment to the new Inspector General slot, would help create that confidence.
Mr Macaire is the British high commissioner to Kenya
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