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Wednesday, October 13, 2021 – Former Chief Justice, Dr. Willy Mutunga, has defended the Supreme Court decision to uphold President Uhuru Kenyatta’s victory in the 2013 Presidential election, despite the spirited fight by former Prime Minister Raila Odinga, who had challenged the win.

Speaking during an interview, Mutunga dispelled aspersions that there was an external influence on the court’s process.

“I did not get any call, I wasn’t influenced in any way.”

“None of my colleagues stated that they were being approached.”

“It is not true that in a lot of the petitions, particularly the presidential ones, that judges would be approached.”

“I think that if judges are approached, until they tell the chief justice or the other colleagues, it is very difficult to know,” Mutunga stated.

According to Mutunga, the Supreme Court Judges, led by him, decided on the 2013 presidential petition based on the arguments made in the court and the evidence that was presented.

He added that the same would apply if the 2022 presidential result is challenged before the court.

“I am sure CJ Koome would sleep soundly.”

“You know when you are in the Supreme Court, it is the argument.”

“You wait for the evidence and you decide.”

“All they would know is that the ultimate decision would not be applauded by the entire country. 

“That is what every judge in the Supreme Court knows,” he asserted.

The retired CJ further revealed that the judges engage in a lot of activities before delivering the final judgment like was the case in the 2013 and 2017 petitions.

“Remember that they have law clerks and people who help them to research issues during those 14 days.”

“It is collective intellect. A lot of work is done. 

“I think the focus is the eye on the prize…This is how it works,” Mutunga disclosed.


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