process streamlining

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

Faster Together: A One-Stop Shop for Business Registration in Senegal, 2006–2015

Author
Maya Gainer, Stefanie Chan, and Laura Skoet
Country of Reform
Abstract

In 2007, Senegal opened a Business Creation Support Office that vastly reduced the time required to register a business from two months to 48 hours. Before the creation of the office, foreign investors as well as local entrepreneurs had to deal with six different government agencies, each of which had its own requirements and procedures. The onerous undertaking discouraged business investment, kept significant revenue sources off government tax rolls, and created fertile ground for corruption. In 2006, President Abdoulaye Wade decided to change the situation. Wade assigned the Agency for Investment Promotion and Major Works, or APIX, the task of making it possible to register a business in just two days. A small team from the agency examined the options and decided that a one-stop shop would best meet Senegal’s needs. The model required no legislative changes, and it allowed agencies to retain control over their procedures—while reducing red tape and letting APIX supervise the entire process. APIX leaders worked hard to win the cooperation of institutions and individual agents, and the Business Creation Support Office opened in downtown Dakar in November 2007. The institutions involved in registration sent representatives to work in the office, and APIX staff collected applications, supervised the office, and coordinated gradual improvements in procedures. After the office opened, entrepreneurs could complete the registration process at a single location and be done within 48 hours. By 2016, the office had further reduced the time required to a single day.

Maya Gainer, ISS Research Specialist, and Stefanie Chan and Laura Skoet of Sciences Po’s Paris School of International Affairs drafted this case study based on interviews conducted in Dakar, Senegal, and Abidjan, Côte d’Ivoire, in January 2016. This case study was funded by the French Development Agency. Case published ­­­­­­­­­­­­­­­May 2016.

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.

Modernizing the State, Connecting to the People: Bihar, India, 2005-2012

Author
Juliette John, Rushda Majeed, Pallavi Nuka
Focus Area(s)
Country of Reform
Abstract

In November 2005, Nitish Kumar became chief minister of one of India’s poorest states. The third-largest state by population, Bihar lagged behind other states in growth and development but scored high in corruption, lawlessness, and dismal service delivery. Mismanagement of financial resources, obsolete methods of data entry and reporting, a low-skilled workforce, insufficient transparency, and scarce accountability hindered service delivery. As head of state government, Kumar launched a series of reforms that applied information and communications technology to streamline operations, boost revenues, and improve the government’s responsiveness to citizens’ needs. By 2012, Bihar had earned national and regional acclaim for its technology-related gains, and the government of India recognized the turnaround through e-governance awards. Kumar’s efforts earned him the nickname Sushasan Babu, or Mr. Good Governance. Still, some reforms did not go far enough, and significant limitations remained: lack of integration among information and communications systems prevented proper coordination across departments; civil servants did not embrace all technology-related initiatives; and lack of electricity and Internet connectivity in many areas prevented citizens from taking full advantage of the services.

 

Juliette John drafted this case study in May 2014 while at Princeton University’s Woodrow Wilson School on leave from the UK’s Department for International Development.  The case study was updated by Rushda Majeed and Pallavi Nuka following interviews conducted by Rushda Majeed in Patna, Bihar in August, 2014.  Three separate ISS case studies—Coalition Building in a Divided Society, Clearing the Jungle Raj, and Reviving the Administration,—outline Nitish Kumar’s broader efforts to build a coalition for reform, improve law and order, and resuscitate Bihar’s administration, respectively.

Associated Interview(s):  Anup Mukerji

A Second Life For One-Stop Shops: Citizen Services In Minas Gerais, Brazil, 2003-2013

Author
Rushda Majeed
Country of Reform
Internal Notes
posted JRG 1/29/2014 10:30am
Abstract
In 2003, the new governor of Minas Gerais, Brazil, pledged to improve government efficiency and serve citizens better. Residents of Minas Gerais, Brazil’s fourth-largest state by area and second largest by population, had long bemoaned the difficulty of obtaining such vital documents as work permits, passports, and driver’s licenses, which are issued by a variety of federal, state, and local agencies. In 1996, the state government tried to solve the problem by experimenting with 26 one-stop shops that integrated related citizen services under a single roof, but the shops failed to reduce delay and confusion. From 2007 to 2010, the governor and his reform team restructured and expanded the one-stop shops. The reform team persuaded multiple levels of the government to cooperate more closely, revamped management practices, improved the physical appearance and organization of facilities, streamlined procedures, and installed an electronic monitoring system. Renamed integrated citizen assistance units (unidades de atendimento integrado), the new one-stop shops improved services, reduced delays, and sharply increased processing volume. In 2011, the team outsourced the management of six of the one-stop shops to a private company monitored by the state. The public-private experiment cut per-unit operating costs by 31%. By 2012, 30 one-stop shops were handling more than 6 million citizen transactions annually—more than seven times the annual volume in 2009. By bringing together diverse agencies from multiple levels of government, Minas Gerais was able to greatly improve the reach and efficiency of its citizen services.
 
Rushda Majeed drafted this case study based on interviews conducted in Belo Horizonte, Minas Gerais, Brazil, in May 2013. The case was prepared by ISS in partnership with the World Bank as a part of the Bank's Science of Delivery initiative. Case published January 2014.