Yongo’s claims on coaching Mutunga for job in bad faith

Kenya: In his oral submissions when he appeared before the parliamentary committee on Legal and Justice Affairs recently, a controversial businessman Brian Yongo made stunning allegations.

He claimed Chief Justice Willy Mutunga was coached by lawyer and Judicial Service Commission member Ahmednasir Abdullahi to secure the job.

Yongo, who in various occasions has left no doubt that he has had serious and irreconcilable differences with the lawyer, claimed Mutunga was taken by senior counsel Paul Muite to Ahmednasir’s residence in Karen, Nairobi, but whenever he was challenged to substantiate his claims, he would lose his cool and become unruly.

Notably, the outputs of these allegations were intended to demonstrate the lawyer was not fit to be a member of JSC and to serve as an advocate. In trying to justify his claims, he further alleged Ahmednasir forged his pupilage documents to begin practicing law.

However, Yongo was at pain to respond to queries by MPs that at one point he engaged the lawyer to represent him in a court. Why did you engage him if he was not qualified? Is it right to say your differences with your longtime friend arose from a deal that went sour?

Granted, just like other applicants, Dr Willy Mutunga followed the provisions of Constitution and other laid down law and procedures in applying for CJ’s job.

Malicious allegations

We all remember he was among 10 candidates shortlisted after the selection panel perused and certified their testimonial documents. Each of them was slotted and invited by the judges’ vetting panel for an interview, which was aired live on TV.

Again, the panel comprised members from various fields who enjoyed equal rights in interrogating and asking questions to the candidate and, if need be, voting.

So, Yongo’s claims the CJ was ‘picked’ by Ahmednasir does not add up and this brings me to the question.  For how long shall we allow people to make malicious allegations against high-profile citizens and get away with it?

Also, Mutunga was subjected to public and parliamentary scrutiny. I attended the public hearings where a number of issues were raised in regard to his suitability. A composed, intellectual and soft-spoken Mutunga left no doubt he was the right person for the job. He answered all the questions including those touching on his private life satisfactorily.

As a renowned law scholar, a practicing lawyer and a human rights crusader, he was the only candidate who had applied from outside the Judiciary. The rest were the veteran, senior and long serving judges and a number of them perceived to have strong links and connections with the key actors along the corridors of power.

In view of this, the claims by Yongo were ill-conceived, witch hunt and designed to settle personal scores. Indeed, the timing is suspect. Why did he have to wait and make these allegations when the Judiciary is in crisis? Is he working at the behest of forces opposed to judicial reforms?

-Joseph Mutua Ndonga, Nairobi