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Wednesday, June 9, 2021 – Former Chief Justice Willy Mutunga has accused President Uhuru Kenyatta of being too petty after he rejected the appointment of six Judges who had been recommended by the Judicial Service Commission on flimsy grounds.

In a scathing letter addressed to the president yesterday, Mutunga noted that Uhuru’s conduct was beneath the dignity of the office.

The retired Chief Justice boldly told the president that his conduct in the matter amounted to pettiness. 

He also disclosed that the Head of State’s refusal to Gazette the nominated judges for two years had caused suffering on the individuals.

“The president’s conduct in this matter has been beneath the dignity of that high office.”

“For two years he has subjected several advocates to untold personal suffering for no reason at all, and called into question the integrity of serving judges and judicial officers without any due process.”

“Most disturbing is the president’s decision to omit the names of six judges and judicial officers from the list.”

“ Strikingly, the presidential ‘list of hate’ has even mysteriously changed, meaning that the objection to the judges’ nomination is driven more by personal pique rather than principle,” noted Mutunga.

He noted that when the fallout between the Executive and the Judiciary occurred in 2015, during a time in which he served as the CJ, the JSC and the president openly discussed the matter, and agreed on a framework that not only respected the constitutional processes but also acknowledged the unique nature of the presidency.


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