US-Based Lawyer Makau Mutua Explains Why He Did Not Apply for Chief Justice Post

US-based Kenyan lawyer and scholar Prof. Makau Mutua has divulged why he did not apply for the position of Chief Justice. 

Mutua was among some of the accomplished legal minds whose names were being fronted as possible successors of retired Chief Justice David Maraga.

13 people, including experienced judges and attorneys, submitted their applications for the prestigious position but Mutua is not one of them.

Mutua, a professor at SUNY Buffalo Law School in New York, indicated that the experience of the last two chief justices discouraged him from applying for the post.

“I’ve been asked why I didn’t apply for the position of Chief Justice. After much reflection, I concluded that as the experience of the last two recent CJs strongly demonstrates, it’s not possible to be both an independent and effective CJ in Kenya. Godspeed to the applicant,” Mutua wrote on Facebook.

Mutua made an unsuccessful bid for the same position in 2016.

The thirteen applicants for the Chief Justice post include Prof Otinga Mare, Prof. Dr. Moni Wekesa, Justice William Ouko, Justice D.K. Marete, Alice Jepkoech Yano, Lady Justice Martha Koome, Justice Mathew N. Nduma, Fred Ngatia, Prof. Patricia K. Mbote, Philip Murgor, Said Juma Chitembwe, Otondi Ontweka, and Ombongi Brian Matagaro.

Others who did not apply for the post include Deputy Chief Justice Philomena Mwilu and Supreme Court Judges Njoki Ndungu, Mohamed Ibrahim, Smokin Wanjala, and Isaac Lenaola.