Kenya: Lawyers renew bid to dislodge Chief Justice Willy Mutunga from office

Coast lawyers have renewed the crusade for the removal of Chief Justice (CJ) Willy Mutunga in a petition to the Judicial Service Commission (JSC) which the CJ chairs.

Besides old claims against Dr Mutunga, the lawyers have now published a list of 33 grounds they believe would lead to the CJ's ouster ranging from incompetence, gross misconduct, violation of the constitution and inability to comprehend the Constitution.

"...Dr Willy Mutunga is an unfit person to hold any public office...[and] does not have a high moral character, integrity and impartiality expected of him as head of the Judiciary and chairperson of the Judicial Service Commission," says the petition. They claim the CJ has unilaterally and arbitrarily forced judges and magistrates to terminate over 3,000 cases in Mombasa on flimsy grounds.

The spokesman for the JSC Naim Bilal confirmed to The Standard in a text message that JSC received the petition on Monday.

The petitioners have attached hundreds of emails purporting to prove their claims.

The 716-page petition launches an unprecedented attack on the CJ, claiming he is unfit to hold public office, after allegedly presiding over massive corruption in the Judiciary, professional misconduct, miscarriage of justice.

It also alleges that Dr Mutunga has come under the bad influence of five people; a judge, prominent lawyer, an employee of the Judiciary and two private citizens who they claim control the Judiciary.

The petition is signed by about 800 citizens. The lawyers cite a recent Public Accounts Committee (PAC) report from the National Assembly which they claim confirms that apart from single-sourcing of contracts to favour one party, Mutunga irregularly approved payments and allowances including to himself for which he ought to be brought to account.

Law Society of Kenya Mombasa Branch chairman Eric Nyongesa (left) peruses a 617-paged book that carries the petition against the Chief Justice Willy Mutunga at the Mombasa Law Court in Mombasa County on 1st September 2015. On his right is Lawyer Joseph Tarus. The LSK Mombasa Branch asked the CJ to step down. (PHOTO: KELVIN KARANI)

Yesterday LSK branch chairman Erick Nyongesa also asked JSC to move with speed and have Mutunga removed from the office following the petition which they presented to the commission on Monday.

He claimed PAC indicted him as being unfit to hold office and to preside over the affairs of the Judiciary.

Nyongesa said Parliament found the CJ guilty of making irregular instruction for payment of funds contrary to advice from the Treasury.

"He is mentioned in the report as having improperly and irregularly received money from the judiciary fund. He irregularly drew the money as leave allowance fully aware he was not entitled to the said fund," Nyongesa said.

He appealed to the President to appoint a tribunal to investigate the CJ following the allegations of corruption in the Judiciary.