Why Mutunga Could be Fired

Chief Justice Willy Mutunga has been accused of harassing and intimidating other judges of the Supreme Court.

A petition filed on Monday before the Judicial Service Commission (JSC), has called for the removal of the CJ for not respecting the independence of other Supreme Court judges.

According to the petition filed by one Isaac Madubwi, the JSC should form a tribunal that will probe Mutunga's conduct and consequently remove him from office.

Mr Madubwi accuses Mutunga of using undue influence to achieve an outcome in a matter which he is an interested party.

"It is quite unfortunate that the Chief Justice has consistently acted with scant regard of the rule of law bringing disrepute not just to himself and the judiciary but to the entire legal profession," reads part of Madubwi's document.

The petition was filed after Mutunga overturned a ruling by Supreme Court judge Njoki Ndung'u that upheld the retirement age of judges at 70.

According to Madubwi, Mutunga should have followed the Supreme Court Act which spells that orders such as the one issued by Justice Ndung'u can only be changed by a 5-judge bench.

Judge Ndung'u's ruling came after Deputy Chief Justice Kalpana Rawal and suspended Supreme Court judge Philip Tunoi moved to court challenging calls for their retirement.

Rawal and Tunoi argue that they signed their contracts to serve the judiciary under the old constitution that required judges to retire at 74 years instead of 70 as outlined in the new constitution.

Mutunga had earlier announced he will retire on June 16.
 


 

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