They pledged, however, to advise Mutunga to remove the earring as Islam does not allow male believers to put on ornaments worn by women. He died in 1985. CHIEF Justice Willy Mutunga has opted for early retirement. The website of the Judicial Service Commission of Kenya. Willy Munyoki Mutunga (born, 16 June 1947 in Kitui District, Eastern Kenya) is a Kenyan lawyer, intellectual, reform activist, and, since June 2011, the Chief Justice of Kenya and President of the Supreme Court of Kenya.He is also an active member of theJustice Leadership Group. Two additional sons were born to two different women in 1993 and 1999 while Mutunga was single. And without rigorous challenge, the quality of decision making suffers.... What we have then gotten, are public servants whose first loyalty is to power, rather than to principle, or to the Constitution. [4], Mutunga also retained his global intellectual networks. On 16 December 2009, Mutunga filed for divorce from his second wife, Professor Beverle Michele Lax, whom he married in San Mateo, California on 20 July 2000. [27], At a July 2010 meeting of the Bunge La Mwananchi[Note 5] movement, one participant alleged that Mutunga had "intruded into the movement's affairs eroding the ideals set by the founders and causing needless friction and infighting amongst the rank and file". Mutunga's father, Mzee Mutunga Mbiti, worked as a tailor in the small town of Kilonzo, Kitui County, Nzambani District. During his tenure as vice-chairman and chairman, Mutunga helped launch the LSK into activist politics,[17] making it appear as a more formidable opposition than the splintering opposition parties. Published on: July 12, 2016 19:29 (EAT) Supreme Court of Kenya. On the merits, Dr. Willy Mutunga meets and exceeds the criteria set out in the Constitution for appointment to the position of Chief Justice. According to Kenya’s chief justice, Willy Mutunga, the country’s citizens are at war with mafia-style cartels run by political bosses and corrupt businesspeople. [21][26]:page: 2 Based at least in part on a December 2008 interview with Mutunga, Canadian scholar Stephen Brown said, "Donors [defined by Brown as western governments and their missions in Kenya, including both diplomatic and aid representatives, but not specifically including private entities] might not actually mind the 'imperial' powers of the presidency, as it makes for a strong interlocutor. Dr Willy Mutunga has been married twice. [34] Judicial activism would undo the visions of many Kenyans regarding the new constitution should Mutunga carry his passions to their final station. Let's be clear here: The Judiciary, perhaps more than any other institution, needs men and women of principle loyal first to the constitution and to the people. The Kenyan authorities have promised to take action after three men alleged to have gang-raped a 16-year-old girl were ordered to cut grass as punishment. [4] In the late 1980s, he received his Doctorate of Laws from the Osgoode Hall Law School at York University in Toronto.[5]. [11]:page: 102, Mutunga's decision to leave Kenya's declining civil society for a foreign foundation operating in Kenya dented his pro-reform credentials in the eyes of some. [1], Mutunga attended Ithookwe Primary School before proceeding to Kitui School for his Kenya Certificate of Education exams. Read about our approach to external linking. In a 2003 interview with Raila's biographer, Babafemi Badejo, Mutunga lauded Odinga as "an aggressive and astute politician" whose role in the 1997 National Convention Executive Council rallies showed him as a "great mobilizer and organizer". JSC shortlists six possible candidates to replace Mutunga as Chief Justice By Wangui Ngechu For Citizen Digital. Why did China's most famous tech titan disappear? [11]:page: 102 Ahead of the divisive 2007 presidential campaign, Mutunga threw his weight behind Odinga, saying "I am convinced Kenya's transition needs Raila as the president of this country". The heads of corrupt judges began to roll. Among these exiles were Kiraitu Murungi, then a law lecturer and pursuing his masters at Harvard Law School; and Makau W. Mutua and Maina Kiai, both United States-based anti-Moi activists. [43], After the first round of the presidential election took place on 4 March 2013, the Independent Electoral and Boundaries Commission declared Uhuru Kenyatta the president-elect of Kenya. Viral video exposes college basketball inequality, Goldman Sachs bankers ask for 80-hour week cap, Canadian spy trial in China ends without verdict, Angry exchanges at US and China talks in Alaska, Finland ranked happiest country in the world again, French drugs haul 'was strawberry Haribo', Rich states 'block' vaccine plans for poor nations, Heavy rain unearths ancient Greek bull figurine. Patricia Scotland, QC, as a Commonwealth Special Envoy to Maldives, to try and bring the political leadership there together, and to aid in the process of constitutional and political transition. Former Chief Justice Willy Mutunga has disowned his former colleague at the Supreme Court Justice Njoki Ndung’u in an ongoing litigation involving a disciplinary action meted against her. In her acting capacity, Mwilu is expected to perform a wide range of judicial, administrative and ceremonial duties provided for under the Constitution. Born in 1947 in the former Kitui District, Willy Mutunga is a University of Nairobi graduate and was forced into political exile in Canada in 1983. In 1992, the KHRC itself was relocated back to Kenya[13] and registered in March 1994,[14] starting its operations from the Chambers of Kamau Kuria and Kiraitu Murungi Advocates. Ngũgĩ was incarcerated by the Kenyatta government in December 1977, and although he was released in December 1978, he never returned to his job. While Kenyans were waiting to see him in a ceremonial robe, complete with a wig, he rocked a business suit, straying from the Judiciary's long tradition. [23] The Alliance merged with defectors from President Daniel arap Moi's Kenya African National Union and joined the Liberal Democratic Party (LDP) to form the National Alliance of Rainbow Coalition (NARC). When former Chief Justice Willy Mutunga stepped out for his swearing in in 2011, the country was surprised by his dress code. More than 1.3 million people have signed an online petition demanding justice. They viewed the interview process as unjust and a pre-determined sham informed by a misleading philosophy of a "reformist" chief justice from outside the current judiciary. [9], As a law lecturer at the University of Nairobi in the 1970s and 1980s, Mutunga's activism was associated with a small but determined group of academics who identified with Marxist / Socialist ideologies, including Ngũgĩ wa Thiong'o, Al-Amin Mazrui, Kamonji Wachira, and Maina wa Kinyatti. After 2003, he drifted ideologically to the portion of the NARC that identified with Raila Odinga's LDP wing. He filed for a divorce on 13 May 2010. On 29 July 1982, he was detained, just three days before 1 August 1982 abortive coup by the Air Force. [12] They also saw him as the "new broom to clean up the institution," especially the judiciary. Why the Dutch are the tallest people in the world, Striking news pictures from around the world, Volcano erupts near Iceland's capital Reykjavik1, Germany warns of 'exponential' rise in Covid cases2, Viral video exposes college basketball inequality3, Goldman Sachs bankers ask for 80-hour week cap4, Canadian spy trial in China ends without verdict5, Angry exchanges at US and China talks in Alaska6, Finland ranked happiest country in the world again7, French drugs haul 'was strawberry Haribo'8, Rich states 'block' vaccine plans for poor nations9, Heavy rain unearths ancient Greek bull figurine10. Kenyan Chief Justice Willy Mutunga said he had "sent the matter to the National Council for the Administration of Justice (NCAJ) for immediate action". NAIROBI, Kenya August 31 – Former Chief Justice Willy Mutunga has cast doubts on the ongoing clamor to amend the Constitution saying most proposals contained the initial Building Bridges Initiative (BBI) draft presented at the Bomas of Kenya in November last … Willy Mutunga was the Chief Justice of the Republic of Kenya between 2011 to 2016. Yet the opposite of activist is someone who is a conformist, takes orders, does not challenge authority even when it is wrong, and does what he or she is ordered. Mutunga had accused her of verbally and physically abusing him. Former Chief Justice Willy Mutunga during his swearing-in ceremony [19]:page: 104 This project was aimed at showing that constitutional reforms were possible despite resistance by the Daniel arap Moi regime. Former Chief Justice Willy Mutunga has pleaded with Kenyans not to give Kenya Africa National Union (KANU) another chance to rule Kenya. [6] He was sworn into office on 20 June 2011. [25], Like many left-wing academics, Mutunga was an admirer of Jaramogi Oginga Odinga. ", "The resilience of the past: government and opposition in Kenya", "Statement of Kenya Christian Professionals on the JSC Judicial Nominations", "By rejecting judges, JSC failed in assessing suitability", "Kenya: The Neutrality of Judges is Crucial in Ensuring Judicial Independence", "Kenya: So, What Exactly Could Be the Problem With One Being Labelled an 'Activist, "Kenyan Church rejects Mutunga, Baraza » Capital News", "Kenyans and the man-woman thing: Thanks Semenya! Chief Justice Willy Mutunga during East African alternative dispute resolution summit at Windsor Golf Hotel, Nairobi on 25th September. Video. [11], Mutunga's arrest threw light on the activities of a seemingly burgeoning Kenyan underground in the repressive 1980s. When he turned up for swearing-in as the country’s first post-2010 Chief Justice on June 20, 2011, Dr Willy Mutunga was wearing a suit and ear studs. [19]:page: 107[21]:page: 733 The IPPG shepherded minimal reforms before the 1997 elections and the enactment of the Constitution of Kenya Review Commission Act in 1997. [44] As a result, Mutunga categorically declared, "There is no way I can remove this earring even if I become the chief justice. [36] Peter Karanja, the general secretary of the National Council of Churches of Kenya, led the Christian church's opposition to Mutunga's nomination. [20] On 6 January 1995, the constitutional caucus was renamed the Citizens' Coalition for Constitutional Change (or 4Cs) with Mutunga and Christopher Mulei as its face. VideoWhat happened with the AstraZeneca vaccine? Supported by a Ford Foundation grant, LSK teamed with the KHRC and the Kenya chapter of the International Commission of Jurists to produce a draft of a new constitution. [29], Mutunga was among twelve applicants, and one of the ten shortlisted,[Note 6] for the position of chief justice. Nevertheless, Mutunga claims corruption in Kenya has never been worse than today. What happened with the AstraZeneca vaccine? [PHOTO/GOVEDI ASUTSA/STANDARD] [12], Compounding the controversy was Mutunga's religious identity. [22], Mutunga has been hailed as "an excellent negotiator". Mutunga and Lax parted ways in 2012 after the High Court ruled in his favour months after he was appointed Chief Justice. ... We have assumed that what is needed to be a "good public servant" is someone who is essentially an "empty debe" to be filled in with orders from above and who will not challenge authority or question it. In the protest on Thursday, activists carrying placards, waving women's underwear and beating drums marched on police headquarters to hand over the petition, which called the grass-cutting "the world's worst punishment for rape". First, Mutunga had no experience as a judge or legal practitioner. [11]:pages: none[12] While pursuing his doctorate, Mutunga cooperated with other Kenyan exiles to launch the Kenya Human Rights Commission (KHRC) to further the struggle for socio-economic justice and a democratic constitutional order. His overriding mandate would be to ‘support a sustainable political dialogue process leading to a stronger climate of pluralism and inclusive elections in 2018, and to encourage the strengthening of democratic institutions and culture in Maldives’.[51]. [38], Mutunga's wearing of a single earring, often associated with women,[39] turned the spotlight on his sexuality and spirituality. He was replaced by David Maraga, the current Chief Justice who is slated to retire by the end of December 2020. On 20 July 2000, he married professor Beverle Michele Lax in San Mateo, California. Moi responded by arguing that the government could not negotiate about constitutional reform with the civil sector, including the NCEC, that consisted of people who had no elective mandate. On 13 May 2011 after a televised interview, the Judicial Service Commission (JSC)[Note 1] recommended to President Mwai Kibaki that he appoint Mutunga. [3] There, he joined a group of exiled Kenyan student and intellectual activists and obtained his Doctorate of Law from Osgoode Hall Law School in Toronto. Opposition by the church and various religious sections of the society made Mutunga's appointment controversial. Police arrested Mutunga on 10 June 1980, and USU was banned on 19 July 1980. Mutunga was made Chief Justice and President of the Supreme Court and was tasked with reorganising the judiciary. He is also an active member of the Justice Leadership Group. Mutunga declined an offer to serve as the chairperson of NARC, saying that his main interest was to unite the opposition and not to join active politics. He is the retired Chief Justice of Kenya and President of the Supreme Court of Kenya. This approach also was seen as risky because if the appointee were rejected by the National Assembly of Kenya, the hiring process would have had to start afresh. He had two other sons with different women in 1993 and 1999. After the elections, Mutunga was one of the senior counsels appointed by President Kibaki in 2003 under Section 17 of the Advocates Act. On 8 April 2003, he turned down an appointment by President Kibaki to the university council of the Jomo Kenyatta University of Agriculture and Technology, saying that he lacked the right qualifications for the position[24] and was not consulted before the appointment. "[26]:pages: 1, 9, When he was participating in the donor sector, Mutunga is said to have grown ideologically intolerant, tagging and parodying those of his former colleagues in civil society and the academy aligned to the Kibaki government as "traitors". "Human Rights and Academic Freedom in Kenya's Public Universities: The Case of the Universities Academic Staff Union", by Korwa G. Adar, "The Unfolding Political Alliances and Their Implications for Kenya's Transition", authored by Willy Mutunga, in, Forum for the Restoration of Democracy - Kenya, University at Buffalo Law School, the State University of New York, Jomo Kenyatta University of Agriculture and Technology, International Planned Parenthood Federation, Sexuality Information and Education Council of the United States, Independent Electoral and Boundaries Commission, "Hegemonic Enterprises and Instrumentalities of Survival: Ethnicity and Democracy in Kenya". For instance, they would prefer not to renegotiate access to military bases with parliament. Health Minister Jens Spahn says Europe does not have enough vaccines to prevent a third wave. Members of the National Assembly bought the argument and abandoned the NCEC in favour of the newly formed Inter-Parties' Parliamentary Group (IPPG), which overtook the NCEC's initiative and allowed Moi to take control of the reform process and then emasculate it. This trivial tweet from Mutunga came just days after president Yameen ratified a law restricting freedom of expression and on the day government-controlled parliament passed a bill curtailing freedom of assembly. [42] He also stated that he is not gay. Her case caused an uproar after Kenya's influential Daily Nation newspaper reported that police in the western county of Busia had asked three of the suspects she identified as her rapists to cut grass as punishment and had chosen not to prosecute them. Dr. Mutunga announced in 2015 that he would retire early from his office to give the country sufficient time to recruit a new Chief Justice to avoid the crisis that might arise if the August 2017 General Election is held without a substantive holder of the office of Chief Justice. On 19 April 1972, this group formed the University Staff Union (USU). In 1992, Mutunga joined the ranks of the country's pro-democracy Young Turks,[15] which included, among others, Paul Muite, James Orengo, Kiraitu Murungi, Gitobu Imanyara, and Raila Odinga. The 4Cs put together a coalition of political parties and civic groups that planned for a national convention on the constitution. He started as a practitioner of African traditional religion but in 2001 was baptised a Protestant and subsequently became a Roman Catholic and then a Muslim,[43] although he still follows his ancestors. In all, six men are alleged to have attacked the girl before she was thrown unconscious into a latrine. This recommendation was pursuant to the JSC's obligation under Article 172(1)(a) of the Constitution of Kenya to "recommend to the President persons for appointment as judges". CHIEF Justice Willy Mutunga has opted for early retirement. “The influence of the cartels is overwhelming,” he says.