Friday, June 4, 2021 – Former Chief Justice Willy Mutunga has warned the Court of Appeal over listening to the Building Bridges Initiative (BBI) appeal case slated for June 29.
In an interview with the International Crisis Group, Mutunga accused the Appellate Court of being one of the weakest links in fighting for the independence of the Judiciary.
He argued that the High Court was always leading in upholding the Constitution, but the Court of Appeal and Supreme Courts were always wavering.
Mutunga added that the Judiciary is not yet independent and that it is at a crossroad with one section pushing for appeasing the Executive and undermining the rule of law.
He alleged that some Judges’ wives and associates were bribed to influence the justices’ rulings in some cases.
The other section was focused on defending the Constitution at all costs.
“The High Court is at the forefront of this struggle.”
“Sometimes, the Court of Appeal has become a graveyard of progressive jurisprudence and the Supreme Court seems to see-saw even when I was in the Supreme Court,” he stated.
He further opined that he believed the BBI appeal case would finally be decided by the Supreme Court.
However, Mutunga warned that Kenyans were opposed to the referendum and were cautious of the political atmosphere ahead of the 2022 General Elections.
“What I see, even if they (BBI team) win in those courts, what I see is that there is going to be serious, serious resistance that is already building against a referendum and against what people are afraid would be very dangerous 2022 elections.”
“You can see quite clearly that we are headed to very, very serious political instability.
“The High Court decision (to nullify the BBI) is very important because of its fidelity to the 2010 Constitution.”
“You have to realise that the elite in Kenya finds this Constitution very progressive.”
“Since its promulgation, we have seen struggles to claw back the fundamental pillars of this particular Constitution,” Muting stated and called for the impeachment of President Uhuru Kenyatta for undermining the Constitution.
He nonetheless defended his colleagues from political attacks after they issued judgments.