NAIROBI, Kenya June 12 – The Chairman of the Deterrent Formula Group Dr David Matsanga has told off former Chief Justices David Maraga and Willy Mutunga for their stinging attack on President Uhuru Kenyatta.
He said the remarks by the two former CJs over President Kenyatta’s rejection of 6 judges recommended by the Judicial Service Commission (JSC) are unwarranted.
“Perhaps if they did a splendid job to fix the rot in the Judiciary during their tenure, we wouldn’t be where we are today,” Matsanga said in a statement.
Both Maraga and Mutunga have accused President Kenyatta of gross violation of the Constitution in failing to appoint the 6 judges among other accusations.
On June 3, President Kenyatta appointed 34 out 41 judges nominated by JSC for appointment to superior courts declining the nomination of Justices Aggrey Muchelule, George Odunga, Weldon Korir and Prof Joel Ngugi who were to join the Court of Appeal. President Kenyatta defended his decision saying he had adverse information from the intelligence unit about the judges left out.
On Maraga’s call for Parliament to impeach the president, Matsanga said, “that alone is a true manifestation that Maraga had a sinister mission from the onset, and that he won’t stop at anything until he achieves it. Pure malice and sabotage.”
Ahead of his retirement last year, Maraga had also petitioned President Kenyatta to dissolve Parliament for failing to enact the two-thirds gender law.
Maraga and Mutunga issued hard-hitting statements last week, in what has sparked mixed reactions and drawing the line on proponents and opponents of the Building Bridges Initiative (BBI).
While a section of lawyers and politicians hailed them for speaking out against what they described as impunity by the Executive, others took them on.
“Even as Maraga and Mutunga speak of constitutionalism, they need to be reminded that the law is not only implemented through decorated words, fire and fury but actions,” Matsanga said.
Orange Democratic Movement (ODM) Party Leader Raila Odinga also took a swipe at the former Chief Justice Mutunga, saying he is unrealistic citing the aftermath of 2013 general elections where they contested the outcome of the elections in court unsuccessfully.
“In 2013 we went to court armed with evidence. The same Mutunga who was the Chief Justice disallowed the evidence that we had filed on claims we were late,” said Odinga
He described Mutunga as being insincere cautioning him against lecturing Kenyan leadership on any rights.
“Which court do you present evidence and you’re told you have done your filing late,” he added.