Former Chief Justice Willy Mutunga responded to questions by curious Kenyans on social media over the dress code and language that was used at the Supreme Court of Kenya (SCOK) during the pre-trial of the presidential election petition.
Mutunga explained that it was no longer a mandatory requirement to refer to the SCOK judges as "My Lord" or "My Lady". Instead, lawyers can also address the Justices as ‘Your Honour’ in English or ‘Mheshimiwa’ in Swahili.
The changes were made in 2011 in a circular copied to the Deputy Chief Justice (also the Vice-President of the Supreme Court) and the Chief Registrar of the High Court.
Other changes made during the Willy Mutunga era at the SCOK were on how the judicial officers would dress.
Mutunga did away with the requirement for judicial officers to wear white headgear. He appealed to remove the wigs from the courtroom, arguing that they were a foreign imposition, not a Kenyan tradition.
The former CJ also changed the traditional British red robes for “Kenyanized” green and yellow ones. He also pointed out that each court will have the right to determine the dress code of the members of the Bar appearing before it.
These wigs were introduced in Britain in the seventeenth century, where lawyers were expected to appear in court well groomed and with short hair as well as beards.
It was during this era when wigs were introduced in courtrooms since they were also being worn outside.
When the British colonized Africa the same traditions were followed after they left. These traditions have in modern times raised eyebrows with the new age of judicial officers.
However, Mutunga's perspective wasn’t popular among Kenyan judges and lawyers, who saw the wigs and robes as their own way of standing out despite their colonial links.
Mutunga declared that wigs should be discarded and those who had them can either keep them as souvenirs or hand them over to the Chief Registrar.
No headgear of any type would be worn except by the Kadhis. Further, he directed that there would be two robes for each court, one ceremonial and one functional.
Each court was allowed to deliberate on the material and colours of robes it would wish to wear. Magistrates through their association were given the mandate to deliberate on whether or not they wanted to wear robes.
All judges, magistrates and Kadhis will be addressed as your honour/Mheshimiwa and each court will determine the dress code of the members of the Bar appearing before it.
The changes were also rectified during CJ Maraga's tenure when Senior Deputy Registrar Rose Aganyo announced that the judges will be expected to drop the formal suit and tie they had become accustomed to and revert to the traditional black robes coupled with a white shirt with flaps.
Judicial officers and lawyers went back to using "My Lord" and "My Lady" salutations when addressing the court, during former CJ Maraga's and CJ Martha Koome's eras.
