building public credibility

Willy Mutunga

Ref Batch
M
Focus Area(s)
Ref Batch Number
27
Country of Reform
Interviewers
Maya Gainer
Name
Willy Mutunga
Interviewee's Position
Chief Justice
Language
English
Town/City
Nairobi
Country
Date of Interview
Reform Profile
No
Abstract

In this interview, Dr. Willy Mutunga discusses reform efforts in Kenya’s judiciary during his tenure as the Chief Justice of Kenya and President of the Kenyan Supreme Court.  He describes his main objectives for administrative reform under the new Constitution of 2010, including implementation of the Judiciary Transformation Framework, professionalizing the judicial bureaucracy, reducing corruption among personnel, and providing judges with more substantive training in judicial procedure and constitutional interpretation. Mutunga also describes challenges he and his colleagues faced in institutionalizing these reforms, including lingering tribal and ethnic loyalties, difficulties in getting regional courts to submit to oversight from Nairobi through forms and other monitoring programs, and competing interests among different constituencies within the judicial bureaucracy. He concludes by describing goals going forward, and which reforms he thinks are most at risk of being undone by future Chief Justices less interested in sustaining reform.

Profile

At the time of this interview, Dr. Willy Mutunga (b. 1947) was the incumbent Chief Justice of Kenya and President of the Kenyan Supreme Court. He was the first person to serve as Chief Justice since Kenya’s constitution was rewritten in 2010, taking up the post in June 2011, and retired from the judiciary in June 2016. Educated in Kenya, Tanzania, and Canada, he worked extensively in law, civil society, academia, and international development in Kenya and around the world before being named Chief Justice. As head of Kenya’s judiciary, his tenure was marked by numerous reforms, including professionalizing the judicial bureaucracy; reducing corruption, fraud, and absenteeism among judges and other personnel; and providing judges with more training in constitutional interpretation.

Full Audio File Size
60 MB
Full Audio Title
Willy Mutunga Interview

Transforming the Courts: Judicial Sector Reforms in Kenya, 2011-2015

Author
Maya Gainer
Focus Area(s)
Core Challenge
Country of Reform
Abstract

When Willy Mutunga became Kenya’s chief justice in 2011, he made reductions in judicial delay and corruption top priorities. Drawing on previous plans to fix the same issues, Mutunga and his team developed a far-reaching reform program: the Judiciary Transformation Framework. Their goals included addressing administrative problems that had hindered citizens’ access to justice and opening up a historically closed institution to public engagement. Judges, magistrates, and court staff helped court registrars standardize and speed up administrative processes. Early efforts to introduce new technologies that would reduce delays—one of Kenya’s 2012–14 Open Government Partnership commitments—failed to achieve nationwide implementation. But the newly created Performance Management Directorate developed a case-tracking system that facilitated nationwide monitoring of delays and workloads. The newly established Office of the Judiciary Ombudsperson and strengthened Court Users’ Committees opened lines of communication for citizens to register complaints, suggest changes, and receive responses. Although many reforms were in early stages in 2015, Mutunga and his team developed and enacted policies that changed the ways the judiciary served the Kenyan public.

Maya Gainer drafted this case study based on interviews conducted in Nairobi, Kenya, in September and October 2015. Case published November 2015.

Earning a Reputation for Independence: Ghana's Commission on Human Rights and Administrative Justice, 1993-2003

Author
Deepa Iyer
Country of Reform
Abstract

In 1993, Emile Short, a private practice lawyer, took on the challenging job of leading Ghana’s new Commission on Human Rights and Administrative Justice. Created by the 1992 constitution, the commission had a triple mandate: ombudsman, anti-corruption agency and human rights monitor. Short had to construct the organization from scratch and make it relevant in a political landscape dominated by the presidency. He had to execute a constitutionally broad mandate and develop a public reputation for independence, despite a limited resource base and no enforcement authority. The commission’s power lay in its evidence-based investigations and public hearings, which, combined with media and public support, helped to expose high-level corruption and mobilize social pressures for greater accountability. Short focused on building the commission’s credibility, developing public education programs and creating a network of anti-corruption civil society groups. Short asserted the commission’s independence early on, investigating allegations of corruption against sitting ministers in 1996. For the first time in Ghana, public investigations of incumbent politicians triggered ministerial resignations.

 
Deepa Iyer drafted this case on the basis of interviews conducted in Accra, Ghana, in July 2011. Itumeleng Makgetla contributed interviews in September 2009. Case published November 2011.
 
Associated Interview(s):  Emil Short