December 2, 2002

Mr.David Aaron,
International Commission of Jurists,
(Canadian Section) 902 - 50 O'Connor,
OTTAWA,
CANADA.

CONSTITUTIONAL REVIEW PROCESS IN KENYA

1. I write to acknowledge receipt of your prolix letter of November 18th 2002 on the constitutional review process In Kenya.

2. It Is not clear to me why you found It necessary to copy your letter to me to all the personalities to whom you copied it. I will not treat my response to you in the same way because I find no good reason in that behalf.

3. In my short response to you, I wish to repeat that which I have repeatedly stated on many public occasions In Kenya. The Judiciary In Kenya has not expressed wholesale opposition to the constitutional review process. What the Judiciary has said though, and will continue to say, is that the process must In itself, be legally and constitutionally done to avoid any detriment to existing constitutional rights, interest and obligations of Kenyans.

4. Any right thinking person, I have no doubt, would agree that a constitutional review process, In any part of the world, is not meant to destroy an existing constitutional order but, rather, to replenish and embellish it so that it serves and protects people's rights and interests strongly and jealously.

5.As for the allegations of corruption in the Kenyan Judiciary, I, once again, repeat what I have stated on many public occasions in Kenya. I remain firmly open in dealing with instances of corruption brought to my attention with supporting credible evidence. If any report of this nature is placed in my possession by the so-called Advisory Panel you mentioned in your letter, or by anybody else, I will act on It decisively and according to the laws of the land. I refuse, however, to act on mere generalized claims and, I am surprised, anybody would want to laud such reports without an iota of supporting evidence.

6. To conclude, I emphasize my conviction that corruption or any other ill in the Judiciary, or any organization, must be dealt with lawfully and constitutionally. Anyti1ing short of this is recipe for breakdown in law and order and will seriously undermine the Rule of Law which, I visualize, you and your organization must be in the forefront in upholding.

B Chunga, EGH, EBS
Chief Justice