Former Chief Justice Willy Mutunga Opens Up on Supreme Court's 2013, 2017 Rulings

Former Chief Justice Willy Mutunga Opens Up on Supreme Court's 2013, 2017 Rulings

Following Supreme Court's verdict that annulled President Uhuru Kenyatta's August 8th election victory, former Chief Justice Willy Mutunga has come out to comment on the ruling's of the apex court in 2013 and 2017.

In an article published in the Siasa section of Saturday's Weekend Star, the former CJ launched attacks on Kenya's political factions who have been blaming the Supreme Court in both 2013 and 2017 instead of focusing on building the nation.

"We have had two presidential elections in 2013 and 2017 with petitions filed challenging the victors in the two respective elections. The elite factions have used Mahakama ya Juu (the Supreme Court) as their political punching bag. Justice, according to factions, is only done when the apex court decides in their favour," Mutunga writes.

"Since someone has to lose, the losing party does not spare the court and in turn, aggravates the already shaky public confidence for the apex court."

Mutunga describes President Uhuru Kenyatta and Jubilee's attacks on the Apex Court and its judges as a "betrayal by the executive arm of the state that ought to promote and protect their decisional independence and the independence of the judiciary as a whole."

"Competition for political power has become an industry for the elite. Within the national strategic plans and visions lurk personal plans and visions of the elite on how profits will be made, resources raided, wasted, pillaged and grabbed, so billions are generated so they can buy the next election," he writes.

The former CJ further says he was not only aggrieved by 'Chief InJustice' nicknaame given to him by Raila Odinga's supporters but also by the standing ovation accorded to him during President Uhuru's swearing-in at Kasarani in April 2013. "There was no need for any applause as we in the Supreme Court were just doing our jobs," he says.

Mutunga further argues that it would not be difficult to have transparent elections if parties engage in dialogue. "If they wanted free, fair, peaceful, credible, and acceptable elections what stops them from sitting down to agree on how to monitor the IEBC? They could have installed cameras at polling stations or hire an independent body to oversee the electoral process," he says. "Each faction can monitor the operations of IEBC without micro-managing it or dividing the staff and the commissioners," he argues.

Comments

Anonymous (not verified)     Fri, 09/15/2017 @ 01:04pm

Is this guy clueless or what.The gist of the issue is the manner in which election results were transmitted a camera will NOT stop this.A formula was being used to input false data that is why Uhuru was leading consistently by at least 1M votes regardless of the county.This false data did not match the raw results on forms 34A and 34B.He is trying to outshine Maraga but it is for the best he is retired chief of injustice.

KIM (not verified)     Fri, 09/15/2017 @ 01:14pm

How could the Maraga court have gotten this decision so wrong?It is very wrong for the supreme court justices to steal an election from the ordinary mwananchi. This blatant form of legal theft is very unacceptable.The Judges used the law to deny the ordinary mwananchi his/her political voice that is expressed through the ballot.This is very immoral,abhorrent, repugnant and unacceptable.The margin of victory(1.4M votes) in the august 8 election was very significant.It was wrong for the supreme court judges to overrule the clear will of the People.We need strict fidelity to the will of the Kenyan electorate in Kenya especially from the Supreme Court of Kenya.In the long run however this is only going to strengthen the Jubilee Party in Kenya.I congratulate the Jubilee Party for providing Leadership, Peace and Stability in Kenya even during this period.May there always be Peace in Kenya.

Imara (not verified)     Fri, 09/15/2017 @ 01:52pm

As one famous US president once said, " The only thing to fear is fear itself."

In Kenya, the only thing to fear is the IEBC. Why? They clear thieves, murderers, rapists, con artists, drug dealers, and incompetent peoples to run for elective public offices. How could thief William Ruto after stealing Muteshi's land and found guilty, having an affair with a minor and sired a girl would have been cleared to run for any public office in Kenya?

In Kenya, the most dangerous institution currently is the IEBC!

OneDay@times (not verified)     Fri, 09/15/2017 @ 07:13pm

Independent institutions are not to be independent only by laws that govern them; but also governed by independent minded individuals, whose independence is geared towards common good and not academic exercises. Unchecked partiality and political intrigues may make these powerful institution prowl around like a lion ready to pounce on its prey. That may be the case of having lots of educated folks that cannot provide practical solutions to perennial problems that afflict our population.

D Mwose (not verified)     Fri, 09/15/2017 @ 11:15pm

MR. MUTUNGA, IF YOUR YOU AND YOUR SUPREME COURT HAD RULED THE RIGHT WAY IN TWENTY THIRTEEN, KENYA WOULD BE DEALING WITH UHURUTO,
THEY SCARED YOU IN RULING FOR A STOLEN ELECTION, YOU ENABLED THE CORRUPT INTO DRUGGING KENYA THROUGH THIS POLITICAL DRUNKNESS HAPPENNING RIGHT NOW. SO YOU WOULD BE BETTER SERVICE IF YOU KEEP QUIET.

Lordofpoverty (not verified)     Sat, 09/16/2017 @ 09:04am

CJ Mutunga is right and politicians should learn to honour court rulings even when they don't go their way, atleast in public eye. 2013 Mutunga's ruling was based on law and therefore will pass future scrutiny. Maranga's ruling will fall flat when put to scrutiny and dissected by the experts in future, you simply do not cancel the will of the people on a technicality. The votes cast by the people are still available in the ndebes, count them and if Raila comes out on top so be it. Right thinking people were truly suprised and Maraga will be judged very harshly in history. He however reedemed himself to Raila just as he was challenged by him. When I say "right thinking people" ofcourse I exclude those who wait for Raila to think for, whatever he says goes, if he says stolen no one quetions how, not even how it is that any time he loses, it has been stolen, rigged or unfair. How stupid can people be ? Maranga will have to reedem himself in the eyes of the right thinking, not the sychos who are incapable of reason.

Ndikwenda wana (not verified)     Sun, 09/17/2017 @ 02:19am

Sasa, lordofpoverty umesema ukweli hapo. Lakini drama iko na hawa watu wa NASA. I think they are so good at it ndio sababu hata Lupita alipata award.
Magara will be judged harshly;the will of the people in any democracy triumphs every other nonsense.

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