Claims by CJ must be probed, culprits charged – Jubilee



In response to the press statement made by the Hon Chief Justice, Dr Willy Mutunga, on 20th February 2013; in which the Chief Justice stated that his life has been threatened severally; The Jubilee Coalition wishes to state as follows.

Firstly, we condemn in the strongest possible terms, any actions that infringe on the safety, security and capacity for judicial officers to discharge their duties without fear or intimidation. TNA is a strong advocate of the ongoing judicial reforms and secondly, as a party we too have suffered at the hands of Mungiki.

Our Presidential Candidate, Hon Uhuru Kenyatta, has been subjected to numerous threats by the outlawed group and his steadfast refusal to give-in to their criminal demands has resulted in Mungiki members fabricating evidence against him and presenting false testimony before the International Criminal Court (ICC). We encourage the Chief Justice to follow the lead of Uhuru Kenyatta and stalwartly resist all pressures from Mungiki and its associates.

We also take this opportunity to point out that Mungiki has been formalized into a political party and it is part of the CORD alliance. Therefore it is only proper that CORD be made to account for the actions of one of its member parties.

Thirdly, while we are not in a position to shed light on some of the allegations the Chief Justice made particularly those concerning certain government officials; we wish to emphatically deny that the Chief Justice has been threatened by supporters of Uhuru Kenyatta or William Ruto.

It is very easy for some mischief-makers to write a letter and say that they are Jubilee supporters when in fact they are not. Indeed there are those in other political camps who would wish to tarnish the image of Jubilee as well creating negative perceptions of our Coalition in the minds of the judges who may very well have to hear seminal election petitions challenging the otherwise obvious Jubilee victory.

It is saddening that the Chief Justice has dragged our name into this sordid affair on such flimsy grounds. As a judicial officer he must surely know that a letter allegedly written by alleged supporters of our candidates would have no evidentiary value and no court would admit it into evidence.

Further, while we cannot begrudge him the right to speak his mind we must say that the timing of his statement and the manner in which he chose to highlight the matter leaves a lot to be desired. Recourse to sensationalism and melodrama is not befitting of the head of the Judiciary. In these tense and potentially volatile times a calm, considered and careful approach through the appropriate avenues would have been in order.

In that vein, we call on the Inspector-General of Police to move with speed to firstly enhance the security of the Chief Justice and secondly to initiate investigations into this matter. The nefarious plot against the Chief justice must be comprehensively investigated and the culprits brought to book.

The judiciary has made commendable strides forward under the able and commendable stewardship of Dr Mutunga and no one should be allowed to reverse these gains by threatening the Chief Justice or any other member of the Judiciary.

The Independence, vitality and integrity of the reformed Judiciary is a key cornerstone of the new Constitution. The safety and security of our judicial officers must be sacrosanct.

Jasper Mbiuki,
Secretary, Legal Affairs
Jubilee Coalition

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