CJ Willy Mutunga to write book on intrigues of 2013 presidential petition ruling

Activist Boniface Mwangi, Chief Justice Willy Mutunga and Rev Timothy Njoya pray at St John’s Catholic Church in Korogocho, Nairobi yesterday. [PHOTO/ STANDARD]

NAIROBI: With just a few days left in office, Chief Justice Willy Mutunga has promised to write a book about his tumultuous term in office.

In a public meeting at St John's Catholic Church in Korogocho, Nairobi, yesterday, the outgoing CJ revealed the book will among other things contain certain aspects of the 2013 presidential election dispute that was decided by the Supreme Court.

Dr Mutunga said there was no gun held to his head so as to uphold the election of President Uhuru Kenyatta.

"I have heard rumours that somebody put a gun to my head to decide the case in some way. That was just gossip. It didn't happen. Even if it happened, what about the heads of the other five judges? We were not intimidated or let me say I wasn't," he said.

He added: "I know everyone wants to know what happened during the decision of that presidential petition. I am going to write about it. I am reflecting on it because there are certain things that happened, particularly the fact that we didn't finish the scrutiny, which would have been very helpful. We would also have explained our judgement in more detail."

But he insisted that as far as the case was concerned in terms of dealing with the evidence and the law, the Supreme Court did what it sincerely believed to be right.

"The problem is that Kenyans are not objective when it comes to political issues. They are too divided along tribal lines. It was impossible to satisfy everyone with our decision of the presidential petition," He said.

Mutunga also dismissed critics that he was "running away" from the seat a year ahead of time for fear of overseeing another election petition.

"Kenyans don't seem to remember why I said I want to leave earlier. In August 2017, Kenyans will go to the polls to elect a new President who cannot be sworn in the absence of a Chief Justice. If there is no CJ, somebody is going to create a crisis. And choosing a CJ is a very lengthy process and might take even a year. It is important to start the selection process early," he said.

Responding to the ongoing tussle in the Supreme Court, which has been termed as "Supreme Crisis", Mutunga said the country has a worse crisis at the political level where the leadership cannot even dialogue to save the country from the precipice of a conflict.

This was a direct jab at President Uhuru Kenyatta and Opposition leader Raila Odinga, who are tussling over the fate of the Independent Electoral and Boundaries Commission ahead of next year's polls.

"The major crisis in my view has nothing to do with the Supreme Court or the electoral body. The real crisis is one of political leadership. That is what people should talk about. It is the political parties and leaders who will send people to the streets should there be an election dispute," he said.

He said the happenings in the Judiciary are being handled by institutions within the Judiciary, expressing hope that eventually it will be resolved and Kenyans will have a Supreme Court in place.

He said Kenyans are too divided on ethnic grounds to critique the political leadership to compel them to move the country forward.