By Pamela Chepkemei and Francis Ontomwa
Nairobi, Kenya: Chief Justice Willy Mutunga assured Kenyans the Supreme Court will decide the dispute arising from presidential election without fear or favour.
Dr Mutunga, who is the President of the Supreme Court, said the judges handling the disputes will treat the petitions with objectivity and undertake a fair analysis of the evidence, the Constitution and the law.
The CJ gave the assurance in his opening remarks during the pre-trial conference hearing at the Supreme Court in Nairobi on Monday.
“We shall render our judgment without fear or favour of anyone or anything, devoid of ill-will towards any persons or affection towards any cause that is partisan, unconstitutional or illegal,” said Justice Mutunga.
Prime Minister Raila Odinga’s petition seeks several declarations from the Supreme Court, among them invalidation of presidential poll results.
The CJ added the Supreme Court desires to build an institution that is an iconic monument to the promotion and protection of the Constitution and the rule of law.
“We, as judges are servants of the law, and not the other way round. We have taken and subscribed to an oath of office that we intend to live up to,” said the CJ. Justice Mutunga called on Kenyans to trust the Supreme Court to do its job.
He said the Supreme Court is open to enable the public follow proceedings through live TV broadcasts.
“The duty of this court is to do what is right, according to the Constitution and the law,” added the CJ.
Mutunga said justice in an adversarial matter like the election dispute before the court, is done and manifestly seen to be done, when both winners and losers are convinced.
He added the Supreme Court being a final arbiter in the dispute understands that the impact of its decision will extend beyond the parties in the petitions and will shape society and affect everyday life.
“This is not a light obligation but we are ready to discharge it,” said the CJ.
He disclosed that senior African jurists from Tanzania, Zimbabwe, Botswana and Uganda are also observing the hearing.
Those monitoring the cases are CJ of Tanzania Mohammed Othman, former CJ of Zambia Ernest Sakala, Justice Moses Chinhengo from Zimbabwe, Justice Oagile Dingake of the High Court of Botswana and the CJ of Uganda Benjamin Odoki.
Tighten security
Meanwhile, a senior counsel has asked the Government to give maximum security to Chief Justice Willy Mutunga and his colleagues hearing the poll petition.
Former vice-chairman of the defunct Electoral Commission of Kenya (ECK) Gabriel Mukele stated that death claims directed to the CJ few weeks ago and the high profile case before the Supreme Court should be reason enough to tighten his security.
Recently, Mutunga who is also the President of the Supreme Court, also accused Head of Public Service Francis Kimemia of frustrating his job.
“Ignore Justice Mutunga’s fears at your own peril. He is a top public servant and anyone with the temerity to belittle him has no respect for this country. The claims are weighty and must be revisited and acted upon with speed,” he told The Standard.
Mukele, who deputised the late ECK chairperson Samuel Kivuitu, connected the threats to mysterious deaths of lawyer Argwings Kodhek, the late Chief Justice Kitili Mwendwa and Coastal politician Ronald Ngala.
“Up to now, we are in the dark regarding how these illustrious citizens of this country died. This trend must be stopped and at this juncture anyone going to dismiss Dr Mutunga’s fears does not know what he is doing,” he observed.
Mr Mukele added that the timing of the death threats against CJ and frustrations coming from some Government officials days to the General Election was a pointer that things were not right.
