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Mutunga said the prolonged appointment of the judges points to "power that is egregious, reckless and insensitive.”/CFM/FILE - Francis Mbatha


Retired Chief Justice Mutunga says referendum push ill-conceived

NAIROBI, Kenya August 31 – Former Chief Justice Willy Mutunga has cast doubts on the ongoing clamor to amend the Constitution saying most proposals contained the initial Building Bridges Initiative (BBI) draft presented at the Bomas of Kenya in November last year can be achieved without amending the supreme law.

Mutunga, who spoke during an interview with NTV on Sunday night said any changes to the Constitution should be driven by the younger generation which did not take part in the referendum leading to the enactment of the 2010 Constitution.

“When I looked at these recommendations my question was: “Why haven’t you implemented the constitution?”. If you’re talking about national unity why is Deputy President William Ruto out of this? Why are other communities excluded?” he posed.

The retired Chief Justice dismissed proposals to unify the country through the creation of an expanded national executive as dishonest, adding political contests in the country are centered around the five most populous ethnic groups.

“It’s about the Big Five. The five communities which think have a right to rule this country. It is quiet ridiculous. They should be able to rotate!” Mutunga said.

BBI draft presented in Bomas proposed the creation of more executive posts to widen representation at the national executive in a bid to shield the country from the post-election clashes triggered by divisive campaigns that precede general elections.

Mutunga served as the first Chief Justice under the new constitutional order having taken over from Evans Gicheru who served under the 1963 independence Constitution.

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