Before you go to court, consult a witchdoctor. Says CJ Mutunga

25 Mar 2014

The Chief Justice, Dr Willy Mutunga on Tuesday suggested that Kenyans could consult traditional witchdoctors as an alternative for resolution of cases. This is in a bid to reduce the number of cases handled by the courts which he says are now overwhelmed.

The Chief Justice, a respected lawyer, was appointed in 2011 to reform the judiciary which was widely viewed as a political tool used by politicians for their gain.

Opening a new court building in Kiambu county near Nairobi, Mutunga said he was concerned that the growing demand for court services was adding to a backlog of thousands of lawsuits.

He said people should stop saying "I'll see you in court", and entering a long and costly process, when they could first seek help from churches, mosques, elders or neighbours.

"Even in Kutui, where I come from, I have told people they can go to the witchdoctors to solve issues," he said, to laughter from people at the ceremony.

The remarks prompted a flurry of bemused or irritated messages to television stations and tweets and, even if meant light-heartedly, are likely to raise eyebrows in a largely conservative and religious nation.

Mutunga's critics say he needs to do more to combat perceptions of corruption, make the legal system more accessible to those who are less well-off, and tackle the backlog of cases.

Many suspects have to wait for years in police custody for their cases to be heard. Many Kenyans also complain of having to bribe court officials to release documents that are otherwise declared lost.

CJ, Mutunga in 2013 presided over the Kenyan presidential election petition which upheld a flawed election hence giving a ruling influenced by political powers of the time. This has resulted in continued declining public trust in the courts.

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