CJ Willy Mutunga opts for early retirement in 2016

Chief Justice Dr. Willy Mutunga is set to retire in June 2016, a year before he was expected to leave office.

Mutunga’s term is to expire on the 22nd June 2017, having taken up the job in June 2011. However, the CJ Friday announced that he has opted to retire early citing the need to take up the transformation process across East Africa.

“I would like to spend time talking to the judiciaries in Eastern Africa, Africa, and Global South about our transformation journey and its lessons. Ours has been what I have called transformation from the margins,” said Mutunga. “Seeing an audience from East Africa, and colleagues who may not have reflected on what we have achieved, I would not miss the opportunity for anything!”

Mutunga’s early retirement will come just a year before the constitutionally stipulated age of 70. However, there was already confusion over his expected retirement age, with his passport and identity card indicating a one year variance.

Sources within the corridors of Justice say his decision to retire next year is to pave way for the transition ahead of the 2017 general poll.

Should he have retired in June 2017, there would have only been less than two months for the incoming Chief Justice to take over before Kenyans head to the polls. According to these sources, the reasoning behind his early exit is to provide time and space for his successor to settle into the top judge’s seat

His tenure, from where he seats, has seen gains in the judiciary: “Four years ago, the independence of the Judiciary was in doubt. Today, the independence of the Judiciary is fully asserted and the co-equal organs of government all know that the Judiciary is an organ of consequence; not to be taken for granted anymore.”

But even as he prepares to exit, he challenged his colleagues in the justice system to remain steadfast in the wake of fighting graft.

“The Judiciary must not bend the law to please the corrupt or the powerful but faithfully apply and interpret the law to advance the cause of justice for all” said Mutunga.

Already, the race to succeed him has gathered pace with top judges keen to take over his seat.

Sources intimate the scramble for the post of Chief Justice is a delicate balance, with the Jubilee administration keen on having a firm grip on the Judicial Service Commission and the Supreme Court, ahead of the 2017 polls.

Insiders say the politics around the succession has seen lobbying split the courts in as far as support for hopefuls is concerned. Court of Appeal Judge Kihara Kariuki, who was said to be keen on succeeding Mutunga, is said to be rethinking his interest, as is Supreme Court Judge Smokin Wanjala.

Besides Mutunga, two other judges from the Supreme Court – Deputy Chief Justice Kalpana Rawal and Philip Tunoi, are expected to follow suit and retire owing to their age.

Slots in the Judicial Service Commission were also the subject of interest in the succession debate, even as President Uhuru Kenyatta this year appointed Winnie Guchu and Kipng’etich Arap Korir to the JSC.