I stand by my statement about Mr Kenyatta, says Chief Justice hopeful Makau Mutua

A law Professor in USA,Makau Mutua arrive at supreme court today on 14/September/2016 for vetting on positions of Chief Justice. He maintained that he would not retract the comment even if he becomes the CJ since he made it as a private citizen exercising his freedom of speech. (PHOTO: EDWARD KIPLIMO/ STANDARD)

A statement by a candidate for the position of Chief Justice, Makau Mutua, came back to haunt him in his quest for the job.

Prof Mutua however maintained that he would not retract the comment even if he becomes the CJ since he made it as a private citizen exercising his freedom of speech. He said his opinions would not interfere with his relationship with the President.

When the Independent Electoral and Boundaries Commission and the Supreme Court declared Uhuru Kenyatta the validly elected president in 2014, Mutua tweeted, "As a matter of my freedom of conscience and thought, I can't accept Uhuru Kenyatta as President of Kenya. I can't and won't."

Answering questions from the Judicial Service Commission interview panel, Mutua said: "Citizens have a right to their opinions; there is a distinction between private citizen Makau Mutua who has a right to dissent with any decision and Prof Mutua seeking to be the CJ."

Mutua was taken to task for failing to get Kenya Revenue Authority clearance and a certificate of good conduct. He was also asked why he took so long to repay his university loan.

Githu Muigai: "You have been quoted saying you don't agree with the Supreme Court decision on the presidential election petition and that you don't recognise President Kenyatta. Do you still hold that stand?"

Mutua: "I said I disagreed with the court's decision but respect it. If I was a judge in that court, maybe I would have dissented. I have children and when we go on holiday, some of them dissent but I do not excommunicate them because of their opinions."

Tom Ojienda: "If you become the CJ, the law requires that you are sworn in by the President, but you say your views have not changed. How then will you take the oath of office? And why do you refer to him as Mr Kenyatta and not President Kenyatta?"

Mutua: "My views will not change if I am nominated. Uhuru Kenyatta was declared President, I can't dispute that. I refer to him as Mr Kenyatta same as you can refer to me as Mr Mutua. It is just a choice."

Ojienda: "Do you belong to any religion?"

Mutua: "I do not belong to any organised religion. I am neither an atheist nor a heathen but I find many values in religious teachings to be admirable."

Winnie Guchu: "Don't you think the perception that you don't recognise the President will be a recipe for chaos? And how will you work together as head of the Judiciary?"

Mutua: "I have never created chaos in my life and have complete respect for the rule of law. Mr Kenyatta is a likable person; I was only expressing myself like a citizen, which does not mean we can't work together."

Mohammed Warsame: "Tell us something that annoyed you about the presidential election petition."

Mutua: "The Supreme Court used wrong premises to arrive at the decision. In other societies, the election should have been declared invalid or there should have been a re-run. How could they say the election was valid and at the same time rule there were system failures in the IEBC that needed to be investigated?"

Margaret Kobia: "Is it true that you procured and coached witnesses for the ICC cases against six Kenyans who were charged in the court?"

Mutua: "It is not a secret that I was a frequent commentator for the ICC but I did not procure witnesses. But I did train prosecutors and investigators as my obligation as a human rights crusader."

Asked why he did not have a Kenyan ID card, Mutua cited circumstances that sent him into exile in 1981, after which he went to the US and became an American citizen. He also denied claims that he is not conversant with Kenyan laws given the time he spent in the US.