Some critics of the Supreme Court are smoking something. They are "high" on drama. Otherwise how can any sane lawyer — or politician — call for the disbandment of the Supreme Court? The term "disband" the Supreme Court is not native to the Constitution. It's an idiom that's baseless in law and fact, and strange to the ears of Kenya's democracy. It's a nuclear option that's only possible if the Constitution is overthrown in a revolution, or coup d'état. "Disbanding" the Supreme Court is akin to overthrowing the Constitution. Let's not conflate the moral emptiness — and alleged illegal conduct — of some of the Supreme Court judges with the institution of the Supreme Court. Two plus two doesn't equal six.
I fully understand the anger — but in most cases — the righteous indignation of some of the mandarins baying for the Supreme Court's blood. Most of those crying the loudest are hypocrites, or have unclean hands. Let's take Majority Leader Aden Duale, for example. Mr Duale is like a robot stuck on repeat. He sees CJ Willy Mutunga's ghost wherever he turns. He can't seem to open his mouth without attacking Dr Mutunga. Yet Dr Mutunga has never in his long legal and public career ever been implicated in single act of corruption. It's Dr Mutunga who's doing what no other CJ has done in history — defrock corrupt judges. He has initiated far-reaching changes in the Judiciary. There are courts in far-flung corners of the republic for the first time.