Not assertive enough
Executive continues to hold the sword and the Legislature the bread, but the CJ could be bolder and play less of ‘good cop'
appointments, the gender ration between men and women has increased to within levels of 45-55 per cent. The employment of disabled persons has also risen even if only with a paltry 1.1 pc. The CJ has also made attempts at hastening the determination of traffic offences by introducing mobile courts along major highways. This particular venture however turned out to have been a significant miscalculation on his part as for, far from serving their intended purpose, they turned out to be dens of corruption.
Not one to give up, however, the CJ in June 2015 introduced new guidelines aimed at guiding courts across the country in handling traffic cases. As well, in what has wrongly been described by many as being tantamount to judicial activism, the Chief Justice has over and again sought to stand up against the Executive and the Legislature for what he considers to be unwarranted intrusion from those quarters.
While he is celebrated for these achievements, some have sought to castigate him for among other issues, his failure to reign in on runaway corruption in the Judiciary. The biggest proponents of this argument have so far been the Nicholas Gumbo-led Parliamentary Accounts Committee. Curiously, while pointing out his failures, the committee failed to find him directly responsible for any of the acts of corruption the Judiciary has been accused of. Meanwhile, the CJ'S popularity continues to soar, if opinion polls are anything to go by.
A group of practitioners from the coast has also come out to condemn his action of setting the Court of Appeal headquarters in Malindi instead of Mombasa where it “ideally ought to have been” when “legal traffic” is considered. This group has further pointed out isolated administrative failures such as the replacement of Justice Richard Mwongo which never came to fruition; the clamour for the immediate reversal of the temporary deployment of Justice Francis Tuiyot to the Busia High Court, which the CJ never took heed of, together with a host of transfers they considered unwarranted.
His failure to adequately inform and thus prepare the Government for the looming judicial crisis in which close to 60 judges are set for retirement in an election year has also been pointed put as a signifi-