June 14, 2011
DR. WILLY MUTUNGA: KENYA'S NEXT CHIEF JUSTICE?
by Raphael Obonyo, IFP Fellow-Elect | Duke University, USA, 2013
The nomination and appointment of Dr Willy Mutunga as the new Chief Justice of the Republic of Kenya is being celebrated as a remarkable achievement after a long history of public and political agitation and reform. Dr Mutunga’s appointment is perhaps the strongest statement of how the new constitution is shaping a new Kenya -- especially the Judiciary, which is the third arm of the Government.
On May 13th, the Judicial Service commission formally announced his nomination, which was later endorsed by the President, the Prime Minister, and the Constitutional Implementation Oversight Committee following a rigorous open and transparent vetting process that elicited a lot of debate. What makes Dr. Mutunga’s appointment so noteworthy – and apparently controversial – is his phenomenal and consistent human rights and social justice record. He is also said to be a supporter of gay rights.
A large majority of Kenyans, including civil society and youth organizations, the Law Society of Kenya, and the muslim community, stood by Dr. Mutunga’s nomination, naming him a warrior of the “second liberation” in a multi-party Kenya.
On the other hand, some politicians, judiciaries, and members of the church criticized the news, and made all sorts of allegations to discredit him. The Church alleges that Dr. Mutunga is a liberal who supports ‘immoral rights’ and anti-family, anti-African values including gay rights, abortion-‘anti life’, and divorce. They claim that his ear stud is un-African and un-Godly. Some politicians and Judiciary members say he is an activist, and lacks judicial experience.
Dr Mutunga has discounted their allegations, stating that although he is not gay, he will not discriminate against the gay community. He has said that he is at ease with all religious faiths, does cherish family values, and has no biases. Rather, as Chief Justice, his guiding principle will always be the constitution.
Ultimately, Dr. Mutunga’s opponents fear him because of his reform credentials and fierce independence. But given a nomination that has been the subject of so much debate, many people find themselves posing the question: Who is this Dr Willy Mutunga?
I have known Dr. Mutunga since I was a young man growing up in Kenya in the ‘90s, in a sprawling Nairobi slum called Korogocho. He would come to St John’s Catholic Church at the invitation of our charismatic missionary priest, Padre Alex Zanotelli, who used the pulpit to preach and advocate for social justice. Dr Mutunga would often be invited to the altar to greet the congregation and say a few words.
I can’t say with certainty what endeared me to Dr Willy but I can trace the connection. I remember the senior youth group being involved in some human rights campaigns around releasing political prisoners, anti-torture measures, and constitutional change. As a teenager then, I cared little about human rights but was more interested in knowing this man who people called the ‘freedom master’ and ‘daktari’ – the doctor. At the time, I fancied medicine as a profession; maybe I assumed that Dr Willy was actually Doctor Willy.
In fact, Dr. Mutunga is a distinguished academic, an author and a revered public intellectual who has made enormous contributions to legal scholarship. He is ranked amongst the top constitutional lawyers in the country.
Perhaps most importantly, Dr. Mutunga has spent his life in the service of human rights and social justice, and has an impeccable record of engagement in pro-democracy causes, reforms, and political change in Kenya. He has paid a huge price for his engagement in liberation endeavors for our country. He lost his job as a law lecturer at the University of Nairobi when he was detained without trial for standing and fighting against the autocratic Moi-KANU Government in Kenya in the 1980’s. Many who know Dr. Mutunga attest to the fact that he is soft spoken, steadfast and passionate. He has made huge sacrifices in the name of fighting injustice and discrimination.
During his tenure as the Director of Kenya Human Rights Commission (KHRC) in the late 90s, Dr. Mutunga and his
organization steered numerous human rights initiatives in Korogocho. At the time, I was trained to form a pool of Community Human Rights Defenders. This was the beginning of my direct involvement in human rights work, and my chance to be a part of the human rights discourse and initiatives. I would later join the University of Nairobi, where I became a research assistant for KHRC, which was being steered by Dr. Mutunga. He was our lead champion, and his personal charisma was shaping the human rights movement in Kenya.
It was as a Program Officer and later as the East Africa Regional Director of the Ford Foundation that I developed a closer and more personal interaction with Dr. Mutunga. From his first visit with Ford Foundation delegation to our community in Korogocho, he has been a source of inspiration and encouragement to our initiatives and endeavors. He has also made himself available for consultation despite his extremely busy schedule.
Polls have confirmed that about 80% of Kenyans support Dr. Mutunga as the new Chief Justice. The public’s confidence in “Doctor Willy” is, quite simply, based on the people’s strong belief in his academic competence, reform record, integrity and vision.
Photo Credits:
Top - Raphael Obonyo with "Dr. Willy" at a Gender Festival in 2008.
Bottom - Raphael and Dr. Mutunga in Korogocho in 2001.
Raphael Obonyo is currently the Director of the Youth Congress in Kenya. He graduated with a bachelor’s degree in Commerce from the University of Nairobi in 2005, and served as a Research Assistant for the Kenya Human Rights Commission (KHRC). He has been involved extensively in community and human rights work at various levels. A Ford Foundation Fellow-Elect, Raphael will begin his graduate studies at Duke University’s prestigious Sanford School of Public Policy in the United States this Fall. He can be reached at raphojuma@hotmail.com.