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Former Chief Justice Willy Mutunga has always been careful not to appear raining on his predecessor, David Maraga’s parade. As a matter of fact, he has been on the fore front in praising him. However, in what seemed like taking away from the praise that has previously been showered on Maraga, Dr. Willy Mutunga appeared to say that the 2013 election was more intense and contentious than the 2017 one.
The former Chief Justice was speaking on Citizen TV’s Newsnight which was hosted by the station’s presenter Waihiga Mwaura.
Terming the 2013 case as a ”doomed if you do, doomed if you don’t” case, Mutunga alluded to one of the most revered and respected Biblical arbiters. He claimed that even if it had been King Solomon himself, a leader recognised for his wise rulings, that had presided over the 2013 election petition, he would still have been stoned. While he didn’t specify who exactly would have carried out the shameful and sacrilegious act of stoning the admired leader, he mentioned that had he himself stepped in Kisumu in 2013, he would have been stoned. Going further on, he claimed that, as a matter of fact, had he been spotted even in Kitui, which is his home county, he would still have been stoned. This, he explained, was because Kitui was a CORD stronghold, and they, too, felt let down by his ruling.
Mutunga, while responding to a question from a viewer concerning the controversial poll, said that many factors that favoured the 2017 ruling were missing in 2013.
He gave the example of the Judicial Training College, which he said was quite instrumental in helping cases that came before the Judiciary afterwards, but which was missing eight years ago.
Going further on, he said that events which had happened before and after the ruling went a long way in portraying him as biased and compromised.
He recalled that when he went to Kasarani to swear in then president-elect Uhuru Kenyatta, a 60,000 plus strong crowd of energised Jubilee supporters gave him a wild deafening cheering, giving the impression that he was their guy, and hence strengthening the already held belief that he was partial.
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