Why petitioner wants Chief Justice Willy Mutunga out of office

Willy Mutunga

A petition has been filed at the Judicial Service Commission (JSC) pushing for removal of Chief Justice Willy Mutunga over glaring discrepancies on his date of birth among other issues.

The petitioner — Duke Nyabuto — says there are inconsistencies with regard to Justice Mutunga’s date of birth, which call for his removal from office for breaching the Constitution.

“Dr Willy Mutunga apparently has two dates of birth as per the National Identity Card and his passport. This is a clear indication of misrepresentation and possibly a criminal offence on his part,” the petition received by JSC secretary Ann Amadi on April 27, reads in part.

Criminal offence

The strongly worded petition alleges: “I hereby petition for the removal of Chief Justice and President of the Supreme Court of Kenya on account of breach of the Constitution, the Judicial Service code of conduct and ethics and lack of integrity and good judgment.”

According to documents seen by The Standard on Saturday, Mutunga was allegedly born June 16, 1946 while the other indicated that he was born on the same date, same month, but in 1947. He uses the 1947 date in his biography.

Forgery claims

Mutunga is set to retire in two months but his accuser wants the JSC to remove him from office over his age and failure to manage the Judiciary properly.

If indeed these claims are true, the CJ could face dismissal from office and possible prosecution but on the other end if the documents are a forgery, it means there are forces keen to hound him out of office before his tenure ends.

Mutunga presided over the presidential petition filed by Opposition leader Raila Odinga in 2013, which confirmed President Uhuru Kenyatta’s victory. The CJ, appointed on June 22, 2011 ought to leave office on the same date in 2017, three months to the General Election, but has opted to exit amid scandals in the law interpreting arm of Government. The man also claims the CJ had, on several occasions, directed JSC to make irregular payments which is contrary to the Public Finance Management Act adding that he is also a beneficiary of Sh1.5 million irregular salary advance.

“Dr Mutunga has been declared incompetent by the National Assembly in the Public Accounts Committee Audit report of the judiciary,”  the petition says.

Nyabuto also alleges that the CJ is to blame for keeping the affidavit against Judge Philip Tunoi for a year.

“The overall effect of the conduct of Dr Willy Mutunga has been to bring dishonour and to erode the public’s confidence in the Judiciary. It is therefore my submission that the CJ’s position has become untenable,” Nyabuto claims.