NAIROBI, Kenya, Jun 14 – Majority Leader Aden Duale has played down Chief Justice Willy Mutunga’s planned address to the Senate as a ‘waste of time’.
Duale told a joint sitting of the Justice and Legal Affairs Committee and Constitution Implementation Oversight Committee that CJ who is expected to retire on Thursday “has done so little to be praised for.”
The Garissa Township MP said that he would have barred him from addressing the National Assembly.
“I am told he is coming to address the Senate, I am very happy because if I had the power, I would not allow him to address the National Assembly because there is nothing that he has done,” he said.
Duale cited the ruling of the 2013 presidential petition as a case where “he failed Kenyans.”
“The issue of the Chief Justice just saying the case has been lost and releasing the explanation later is among his shortcomings. There was nothing wrong to say that day, I mean why did he have to give a five minute ruling, yet he had the reason right there but because of his usual shortcomings I think he failed the nation.” Duale added.
CJ Mutunga who is also the President of the Supreme Court will be stepping down one year before his term ends in June 2017.
Mutunga who turns 69 on June 16, announced he would be leaving early in order to avert a constitutional crisis come next year.
Mutunga was appointed in June 2011 and has overseen a number of reforms in the Judiciary.
Parliament and the Judiciary have enjoyed a relatively constrained relationship especially with regard to the Embu Governor Martin Wambora affair in which a High Court ruling effectively put on hold a Senate decision to impeach him.
In 2014, Senators lashed out at the Judiciary over what they termed as numerous injunctions to bar the House from discharging its constitutional mandate.
Makueni County Assembly had passed a motion to impeach Governor Kivutha Kibwana but High Court barred the Senate from receiving the ouster request.