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Mutunga; had I been spotted in Nyanza in 2013 after my ruling I would have been harmed



In quite an uncharacteristic conduct that he isn’t known for, former Chief Justice Willy Mutunga appeared to preempt bad motive on the residents of Luo Nyanza, and based his conclusion purely on the ethnic and political persuasion of a community.


Willy Mutunga said that back in 2013 when the then opposition outfit known as CORD presented their election petition to him and his colleagues on the Supreme Court’s bench, the country was very polarised, and after he dismissed CORD’s petition, so stark were the divisions in the country that in the aftermath of his ruling, had he been spotted in Nyanza, he would have easily been harmed.
Dr. Willy Mutunga was speaking on KBC channel one, during an interview with the station’s presenter Tom Mboya, on the station’s prime time show, Perspective.


In the wide ranging interview that saw the former Law Society of Kenya president also touch on family, Mutunga revealed that his successful career journey to the top was predicted by his grandmother who once prophesised that he was going to make it big.


On the issue of the BBI which he has shown some reservations about in the past, Mutunga appeared to show some restraint. He refused to express his views on the issue, saying that since it’s in the Court of Appeal, he would be putting his former colleagues on the appellate bench in a difficult position if he decided to speak on the issue.


He also touched on Chief Justice David Maraga’s historical nullification of the 2017 presidential elections, maintaining his admiration for CJ Maraga. He told Mboya that Maraga’s courage was not only exemplary but also exceptional, and that most Kenyans don’t know the pressure that comes from the powers that be in the event of such a decision.


Seeming to also express somewhat regret perhaps for the first time, Mutunga said that they would have probably made a different decision during their own 2013 election petition if they’d had time to scrutinise all the 33,000 polling stations.


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    Written by Joshua Wanga

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