Former CJ Willy Mutunga Sends Tongues Wagging With His Bold Letter to President Kenyatta

Former Chief Justice Willy Mutunga has sent tongues wagging after penning down a scathing letter to President Uhuru Kenyatta following his decition to reject six judges who were nominated by the Judicial Service Commission (JSC).

The former Chief Justice in a letter dated 8June 2021, remarked that President Kenyatta’s behaviour regarding the JSC maters was way below the dignity of the Office of the President.

Mutunga boldly told the Head of State that his behavior in the judicial matter has amounted to pettiness. 

The retired CJ also noted that the Head of State’s repudiation to Gazette the nominated judges for two years had caused a stir and anguish to the nominated individuals.

“The president’s conduct in this matter has been beneath the dignity of that high office. For two years he has subjected several advocates to untold personal suffering for no reason at all, and called into question the integrity of serving judges and judicial officers without any due process.

“Most disturbing is the president’s decision to omit the names of six judges and judicial officers from the list. Strikingly, the presidential ‘list of hate’ has even mysteriously changed, meaning that the objection to the judges’ nomination is driven more by personal pique rather that principle,” the Retired CJ remarked.

The caption of Will Mutunga’s letter to President Uhuru Kenyatta

Mutunga further pointed out that when the fallout happened in 2015 when he was serving as the country’s CJ, the JSC and the President openly discussed the matter, and agreed on a receptacle that honored the constitutional processes and also contended the unique nature of the presidency.

He also advised the President that resignation was a better option for all public servants who did not follow the constitution to the latter.

“Constitution donates to them, or find the exercising of those powers annoyingly inconvenient, they have no business continuing to occupy those offices,” he stated.

“Resignation and early voluntary retirement are readily available options that the Constitution merrily provides, to protect itself from individuals who may find further fidelity to its edicts, a burdensome enterprise,” he added.

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    Written by Emily Odeny

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