The Former Chief Justice Willy Mutunga has come out to warn the Court of Appeal over listening to the Building Bridges Initiative appeal case slotted for June 29. In a recent interview with the International Crisis Group on Wednesday, June 2, The Former CJ accused the Appellate Court of being one of the weakest links when comes to fighting for the independence of the judiciary. Mutunga argued that the High Court was always leading in upholding the Constitution, but seems the Court of Appeal and Supreme Courts were always wavering. Mutunga also added that the Judiciary is not yet independent as supposed and that it is at a crossroad with one section pushing for appeasing for the Executive and undermining the given rule of law.
Mutunga alleged that some judges’ wives and associates were bribed to influence the justices’ rulings in many cases. A section which was focused on defending the Constitution at all cost. “The High Court is at the forefront of this given struggle. Sometimes, the Court of Appeal has become a graveyard of progressive jurisprudence and even the Supreme Court seems to see-saw even when I was in that Supreme Court. Mutunga added “There are many cases and not only just the nullifying of the Presidential elections of 2017 but there have also been many others in the High Court, particularly where legislation from the Parliament has been struck low even legislation that the President of Kenya had assented to,” Mutunga also stated. The former CJ further gave his opinion, that he believed the Building Bridges Initiative (BBI) appeal case would finally be decided by the Supreme Court.
However, the former CJ warned that Kenyans were opposed to the referendum and were cautious of the political pressure ahead of the 2022 General Elections. Mutunga said what he sees, even if they (BBI team) win in those courts, is that there is going to be very serious, serious resistance that is already and slowly building against a referendum and against what most people are afraid would be very dangerous 2022 elections. According to him, it’s quite clear that as Kenyans we are headed to very, very serious political instability ahead. “The High Court decision is very important because of its fidelity to the 2010 Constitution. You have to realize that the elite in Kenya finds the 2010 Constitution very progressive. Since its promulgation, we have seen struggles to claw back the fundamental pillars of the given particular Constitution,” Mutunga added and called for the impeachment of the President for undermining of the Constitution.
Mutunga nonetheless defended his colleagues from political attacks whenever they issue judgements. The Building Bridges Initiative alisa BBI ruling, he added that it was seen as a win for the DP William Ruto and a loss for President Uhuru Kenyatta, who has led the onslaught against the High Court judges that declared the initiative as null and void. Mutunga called Kenyan politics the politics of division, so whenever the Judiciary makes a decision, it might be celebrated by some few people because they see it as their victory. “The intra-elite divisions are the ones that create all these given problems. People see these findings of judges through these divisive lenses,” he added.
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