A file photo of retired Chief Justice Willy Mutunga. /COURTESY
Former Chief Justice Willy Mutunga has launched a stinging attack on the Kenyan political elite.
In an article in the Siasa section of Saturday's Weekend Star, he accuses losing political factions of blaming the Supreme Court in both 2013 and 2017 instead of trying to build the nation.
"We have had two presidential elections in 2013 and 2017 with petitions filed challenging the victors in the two respective elections. The elite factions have used Mahakama ya Juu (the Supreme Court) as their political punching bag. Justice, according to factions, is only done when the apex court decides in their favour," Mutunga writes.
"Since someone has to lose, the losing party does not spare the court and in turn, aggravates the already shaky public confidence for the apex court."
He calls the attacks by President Uhuru Kenyatta and Jubilee a "betrayal by the executive arm of the state that ought to promote and protect their decisional independence and the independence of the judiciary as a whole."
"Competition for political power has become an industry for the elite. Within the national strategic plans and visions lurk personal plans and visions of the elite on how profits will be made, resources raided, wasted, pillaged and grabbed, so billions are generated so they can buy the next election," he declares.
The former CJ says he was upset by being nicknamed 'Chief InJustice' by Cord supporters but also by the standing ovation he got at Uhuru’s swearing-in at Kasarani in April 2013.
"There was no need for any applause as we in the Supreme Court were just doing our jobs," he says.
Mutunga also argues it would not be difficult to have transparent elections.
"If they wanted free, fair, peaceful, credible, and acceptable elections what stops them from sitting down to agree on how to monitor the IEBC? They could have installed cameras at polling stations or hire an independent body to oversee the electoral process," he says.
"Each faction can monitor the operations of IEBC without micro-managing it or dividing the staff and the commissioners," he argues.
Earlier on Friday, the President asked Nyeri Town MP Ngunjiri Wambugu to withdraw his petition against Chief Justice David Maraga.
Jubilee Party leaders had distanced themselves from the complaint but NASA chiefs claimed this was a cover-up for intimidating the Judiciary.
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