In a surprising turn of events, one of Kenya’s biggest supporters of not just the Judiciary but also the rule of law has appeared to not only change his views and now attack the courts, but has done so with deadly venom. Seeming to speak the same language with president Uhuru, the former crusader for the rule of law has raised many eyebrows.
The latest lash out aimed at the courts began when a five-member Judges bench led by Nakuru High Court Judge Joel Ngugi declared the Building Bridges Initiative unconstitutional on the Thursday of May 23th, 2021. In a scathing and blunt attack on the third arm of the government, the president chose Madaraka Day, which was held at the Jomo Kenyatta International Stadium in Kisumu to declare that the Judiciary was testing the country’s constitutional limits.
However, adding on this, American based law scholar and long time Uhuru critic, Makau Mutua is now also blasting the Judiciary.
Makau Mutua , a State University of New York Distinguished Professor and the Margaret W. Wong Professor at the University at Buffalo School referred to the Judicial Service Commission as a rogue institution.
Makau Mutua has had a stormy relationship with the JSC ever since his run-in with them back in 2016 when they interviewed him during his appearance before them after having applied for the job of Chief Justice. The American based law scholar believed he was treated unfairly, and has since then always had a bone to pick with them. However, this is the first time that he has been this hard-hitting, and blunt in his criticism. Over the weekend, he penned a scalding criticism of the body, referring to it as rogue. Earlier, he had posted a tweet his insinuated just as much.
The tweet read;
“THE @jsckenya is a ROGUE institution. The speed at which it named CJ/SCOK nominees is meant to defeat my suit with @katibainstitute to release scores of candidates. It’s an attempt to subvert the rule of law and the constitutional predicates for transparency. We must be heard.“