Former Chief Justice Willy Mutunga has finally broken his silence letting the cat out of the bag about what happens in the corridors of justice to influence the case outcomes and the pressures the judges faces.
Speaking during an interview with the International Crisis Group, Mutunga delved on how bribes were being offered to their spouses and close associates without their knowledge.
The ex-CJ also talked a lot about why President Uhuru Kenyatta fears his Deputy President Dr. William Ruto from ascending to power ahead of the forthcoming general elections.
Mutunga said that Ruto, like any other Kenyan politician, is a liar who tells the truth by accident and described ODM leader Raila Odinga as a progressive politician having gone to bed with dictators.
Like his immediate successor David Maraga Mutunga noted that President Kenyatta should be impeached for constant violation of the constitution.
“Judges face all manner of pressures, so it’s a very lonely place where a judge has to find out whether his spouse or her spouse is talking to politicians and promising them stuff,” he stated.
“My experience confirms that has happened where colleagues who are incorruptible just discover that there were gatekeepers who were getting money from people with a promise that decisions would be handed down in their favor.”
Unlike other Judges, the former CJ noted that he never faced a lot of pressure during his tenure as the CJ, BUT acknowledged a bit from his own community.
“There are people who still believe that if you are chief justice, you are not chief justice for all Kenyans but a particular community,” he said without elaborating or identifying the case.
He has always come under fire for the unanimous ruling made in 2013 on presidential petition, with the ruling ridiculed and torn apart by many legal scholars.
Mutunga also hailed the court for their constant struggle for an independent judiciary in the Country.
“Sometimes, the Court of Appeal has become a graveyard of progressive jurisprudence and the Supreme Court seems to seesaw even when I was in the Supreme Court,” he said.
He also addressed the practice of judges becoming activists a practice that was allegedly entrenched in his time at the helm of the judiciary.
“The Constitution itself is activist. That is why the Executive and Parliament find it too progressive for their liking,” he said.
“There was a time when I discussed this issue with the Speaker of the National Assembly because he said publicly that I was an activist CJ and my response was that he was also an activist speaker.
“I told him it depended on the causes for which we are activists. Mine was to uphold the dignity of the Constitution. His was to subvert it because Parliament was always very active in passing legislation that was unconstitutional.”