Untitled - Africa Centre for Open Governance

2.1. Reforms in the Judiciary
Kenya’s Judiciary has long been perceived as opaque, corrupt and lacking in integrity and
independence. Its history is littered with attempted reforms that came unstuck. Between 1960
and 1998, eight different committees and/or commissions were established to examine the
state of the Judiciary and to make proposals for reform. 3 Most of the recommendations in the
reports made by these committees/commissions never saw the light of day. Years of corruption,
ineptitude and manipulation by the Executive and prominent personalities had led to a crisis of
confidence in the Judiciary’s ability to dispense justice.
In his speech to mark 120 days in office, the newly appointed Chief Justice (CJ), Dr. Willy Mutunga,
emphasized the need for reform stating that, “The ends of justice cannot be met when the
Judiciary not only suffers an integrity deficit but is also perceived as the playground of the corrupt
and the refuge of the inept. Corruption corrodes our humanity, undermines our institutions and
sabotages our economy.” 4
3 UNDP Kenya, “Judicial Integrity and the Vetting Process in Kenya.” Amani Papers, Volume I No. 6, September 2010
4 Dr. Willy Mutunga, Progress Report on the Transformation of the Judiciary - The First Hundred and Twenty Days,
http://www.africog.org/reports/CJ_SPEECH.pdf (October 2011)
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