Former Chief Justice Willy Mutunga, who has always approached the issue of the 2013 election petition ruling cautiously and even apologetically, seems to be now throwing caution to the wind and talking tough. The former CJ took shots at the Orange Democratic Movement party leader and former Prime Minister Raila Odinga as he sought to fight off criticisms and accusations that his 2013 ruling made him complicit in electoral fraud.
Willy Mutunga was speaking during an appearance on Citizen TV’s Newsnight which was hosted by Waihiga Mwaura.
Mutunga, while responding to a question from a viewer concerning the controversial poll, said that many factors that favoured the 2017 ruling were missing in 2013.
He gave the example of the Judicial Training College, which he said was quite instrumental in helping cases that came before the Judiciary afterwards, but which was missing eight years ago.
Going further on, he said that events which had happened before and after the ruling went a long way in portraying him as biased and compromised. He gave the example of the widely held belief back then that he was a friend to Raila and that because of this, he would rule in Raila’s favour.
This, according to Mutunga, is a belief that was reinforced after a woman turned up in court and claimed that he wasn’t going to rule fairly, and would favour Raila. The former CJ adds with a tinge of bitterness, that ODM stayed silent through all this, giving the impression that he indeed favoured them.
To make matters worse, after his ruling, Mutunga recalled that when he went to Kasarani to swear in then president-elect Uhuru Kenyatta, a 60,000 plus strong crowd of energised Jubilee supporters gave him a wild deafening cheering, giving the impression that he was their guy, and hence strengthening the already held belief that he was partial.
As he dismissed all this, and defended his impartiality, he signed off with a barb at Raila’s supporters.
He wondered what their man Raila, who has made them insult him for many years, done for them now that he’s a co-president in Kenya.
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