Mutunga caged - will the Judiciary stand the test of justice

Dr. Willy Mutunga

After humiliating former Chief Registrar of the judiciary Gladys Shollei and sending the ‘little poor girl’ packing, the gods ruthlessly turned on the man who told the world that CORD leader Raila Odinga suffers from a “Raila Doctrine”. However, with the ongoing mask peeling occasioned by ego clashes and power struggles among the Kenyan political and industrial bourgeoisies, again, Raila Odinga, father of modern democracy, an old song of liberty, the Flame of Freedom, has been vindicated!

Did Mutunga deny Raila Odinga victory in round two to return favour to the man who is alleged to have coached him for the Chief Justice job? At least, this is the rational conclusion any reasonable person who assumes tax collector Brian Yongo is saying the truth. Mutunga was caged. He peed on the rule of law and after the gods are through with ‘The Grand Mullah, most angels, including Gabriel, are convinced Willy is next.

Appearing before the parliamentary committee on justice, Yongo sensationally narrated how Ahmednasir and city lawyer Paul Muite (who was a presidential aspirant and one of the losers who rushed to congratulate Uhuru after the Supreme Court verdict) tutored Mutunga during the vetting proceedings for the Supreme Court.

Ahmednasir, according to Yongo, a close confidante, was and still is an influence peddler within the judiciary. But it is the allegations bordering on Mutunga, the self-styled commander in Chief of the judiciary, that are extremely outrageous. They put to illegality the appointment of Mutunga and calls into focus the whole vetting process. Was it a hoax?

Yongo said one day, just before the interviews of the top judicial officers, they were at a penthouse in Nairobi, which they shared and upon seeing Mutunga, Ahmednassir told him that he thought Mutunga was best placed to lead the country’s Judiciary. He is the current CJ and president of the Supreme Court. On Raila Odinga Vs IEBC, Ahmednassir represented the first petitioner, Isaak Hassan, Chairman of the electoral body.

The manner in which the Supreme Court case was handled only validates Yongo’s allegations. Both Mutunga, Shollei and Ahmednasir are believed to have conspired, together with other government agencies, especially the Gichangi’s NSIS, to tamper with both the evidence and outcome of the case. To date, many legal experts are still disatisfied with the outcome of the case. Yet Mutunga, with all the attendant faults of his ruling, took the judgement to Kenyan universities to be ‘studied’.

Yongo accuses Ahmednasir of many sins, including sexual sins, but the miscarriage of justice by the judiciary during the Supreme Court and the ongoing scandals in the JSC points to a sad end: Kenyans were taken for a ride.

At least, as Raila Odinga has often reminded his followers; Uhuru Kenyatta’s government was a creation of the establishment with no popular legitimacy. The tyranny of numbers, whose author, Mutahi Ngunyi has since been absorbed by the government, was propaganda to engineer public opinion. Added with a media environment of ‘peace loving journalists’, Kenyans continue to suffer under the incompetency of a government they never deserved.