Ex-CJ Willy Mutunga tells off Uhuru for leaving out six judges
Former Chief Justice Willy Mutunga addresses students at Kenya Methodist University during a public lecture inside the institution's chapel on January 29, 2020.
What you need to know:
- In a strongly worded letter, the former CJ asked the President to rescind his decision, describing it as “presidential obduracy”.
Former Chief Justice Willy Mutunga has told President Uhuru Kenyatta that his rejection of six judges recommended for appointment by the Judicial Service Commission is “beneath the dignity of that high office.”
In a strongly worded letter, the former CJ asked the President to rescind his decision, describing it as “presidential obduracy”.
Noting that the six judges are exceptional individuals, he demanded that the President appoints and swears them into office without any further delay.
Dr Mutunga, who served as CJ between 2011 and 2016, reminded the Head of State that by clear constitutional provisions and numerous court orders, he is obliged to appoint all the recommended judges without review or negotiation.
“The President must resist the temptation to be garlanded in the pettiness of performing power,” the former CJ said in the open letter yesterday.
On Thursday last week, President Kenyatta finally bowed to public pressure and appointed judges recommended to him by the JSC in 2019. However, he stoked more controversy when he appointed only 34 out of the 41 in the list (one died last year).
The 34 were sworn in last Friday despite protests from lawyers and politicians.
Those left out were High Court judges Joel Ngugi, George Odunga, Weldon Korir and Aggrey Muchelule who were to be promoted to the Court of Appeal.
The President also rejected Mr Evans Makori and Ms Judith Omange, who had been recommended for appointment to the Labour Court.
"Do the right thing"
Dr Mutunga said the decision by the President had lowered the esteem of his office, undermined the rule of law and eroded public confidence in both “the elevated majesty of statecraft, and granularity in administration of justice”.
“The independence and accountability of the Judiciary is not negotiable,” he said, warning the President that he will get to learn the lesson of his action in the fullness of time.
“Mr President you bear the burden of history to do the right thing for Kenya’s Constitution, her institutions and the general public. Discharge this burden: Simply do the right thing.”
He said the scientific formulation in the provision of the constitution on the appointment of judges was meant to be an antidote to “this kind of whimsical and capricious presidential conduct such as is being seen in ugly display in this matter.”
According to Dr Mutunga, any allegations against the judges were to be put to the candidates for their response, before the JSC makes a determination on the suitability of the candidate.
“In the recruitment of the 41 judges the President did not present any adverse reports at the appropriate time,” he said.
