Impunity is dead!

If it is true that the Deputy Chief Justice, and Deputy President of the Supreme Court, attempted to use her position of authority to intimidate a security officer at the Village Market - going so far as to use a firearm to threaten her - then it was right that the Chief Justice has called for a session of the Judiciary Service Commission to discuss the matter and chart a way forward. The usual response of high government officials in these situations is to close ranks and otherwise harass and intimidate the hoi polloi into withdrawing their complaints against one of their own. What Chief Justice Dr Willy Mutunga has done is to re-write the usual rules of the game by holding even his closest colleague to account for her actions.

This is indeed a breath of fresh air and it will go far in redeeming the image of the Judiciary from the heartless, bossy image that has characterised its relations with the people of Kenya since time immemorial. When High Court Judge GBM Kariuki was accused of attempted murder in 2008, the then Chief Justice Johnson Evan Gicheru did nothing to interfere with the police investigation that ensued or the prosecution that resulted from the investigations. Despite his apparently apathetic approach to management of the Judiciary, Chief Justice Gicheru set the ball rolling on the changes that are being implemented by Chief Justice Mutunga today.

Kenyans have called for the reform of the Judiciary since the day when the first African Chief Justice was appointed. Today, it is inconceivable, especially in light of the promulgation of the Constitution, that the Judiciary can continue to operate as a law unto itself, accountable to no one or no authority. With the convening of a session of the JSC, the Chief Justice has declared that not even Judges of the Supreme Court are above the law, and that like Caesar's wife, they must be above reproach in both their professional and personal capacities.

It remains unclear why Deputy Chief Justice Nancy Baraza took such a highhanded approach to resolving the dispute between her and the security officer at The Village Market. During her interviews before the JSC, she had expressed a resolve to participate fully and robustly in the reforming of the Judiciary. She had demonstrated before the JSC that she was aware of the challenges of perception that bedevilled the Jdiciary and that if appointed, she would take a leading role in ensuring that the Judiciary not only improved its public image but also took steps to ensure that its members were guided by the Constitution and the laws of Kenya. While she took steps to assure the public that the incident at The Village Market did not reflect a callous disregard for the rule of law, the Chief Justice has demonstrated that mere words are insufficient to lay the controversy to rest but that the procedure laid down in the Constitution and the laws of Kenya must be followed to the letter. His decision to call the JSC together to consider the matter is important in the wider context; it demonstrates that at least one branch of government has taken its oath of office seriously enough to allow the law to take its course. Whatever the outcome of the JSC enquiry, Kenyans have been shown that when it comes to the Judiciary, there are no sacred cows or red lines that cannot be crossed.

Kenyans must now demand the same of the other branches of the government. Even with respect to the President and the Prime Minister, or the Speaker of the National Assembly or the Members of Parliament, the rule of law must be applied against all of them. All of them have taken an oath to protect and defend the Constitution of Kenya, therefore, they have no choice but to be held to account for any and all their actions. The impunity of power that Kenyans have long railed against can only be successfully defeated if all leaders, whether political or in the public service, abide by all the laws that are sworn to obey. The recent decision of the acting Minister for Industrialisation to suspend the Board of Directors of the East Africa Portland Cement Company must be seen in this light. Hard questions must be asked, and answered. If the acting Minister was acting within the law, then he will be vindicated by the courts. If not, then he too must face the full brunt of the law. Without exception.

This is also a welcome wake-up call to all Kenyans. Every day, millions of Kenyans engage in petty offences, thumbing their noses at 'minor' laws they see as inconveniences in their well-ordered lives. The most obvious of these offences involve motorists of all stripes, whether the dare-devil matatu drivers of Nairobi, or the self-righteous drivers of 'reconditioned' Japanese imports who flout any and all traffic regulations with wild abandon. Impunity is not just reserved for the high and mighty; all Kenyans engage in acts of impunity in one form or another, and it is now incumbent on all of us to follow the same path that the Chief Justice has set us on. Is this the beginning of the end of all acts of impunity? Only time will tell.