Law lecturer Makau Mutua was on Wednesday put on the spot over his widely publicised position on the swearing in of President Uhuru Kenyatta and his deputy William Ruto.
Attorney-General Githu Muigai challenged Prof Mutua to tell the Judicial Service Commission whether he still held the view that the Supreme Court erred in proclaiming Mr Kenyatta and Mr Ruto the winners of the 2013 presidential election.
But in his response, Prof Mutua maintained that he held that position in his personal capacity and would be compelled to live with the fact that the duo remained the President and Deputy President respectively.
“You must distinguish between Prof Mutua the citizen and Prof Makau the Chief Justice if it comes to pass; as Prof Makau the citizen I have the right to dissent,” he insisted.
“Even in my house my children at times dissent; I send them to Bahamas for their Christmas holiday and they dissent and say they can do something else, what can I do”?
He, however, admitted that he tweeted that he did not recognise Mr Kenyatta as the President of Kenya.
Asked about his citizenship, Prof Mutua told the panel that he regards himself as a “global citizen.”
Pinned down to explain what he considers a global citizen, Prof Mutua confirmed that he held American and Kenyan citizenship.
Prof Muigai then asked him whether he would be willing to denounce his American citizenship, to which Prof Mutua answered in the affirmative.
The AG asked about Prof Mutua’s involvement in the International Criminal Court cases that faced President Kenyatta, Mr Ruto, former police commissioner Hussein Ali, former head of Public Service Francis Muthaura, former cabinet minister Henry Kosgey and radio presenter Joshua arap Sang.
Prof Mutua denied that he was involved in procuring witnesses against the so-called Ocampo Six.
“If I did, you would know. All I did is that I trained the ICC prosecutors,” he stated.
Earlier, Prof Muigai had engaged Prof Mutua in another exchange over whether he is qualified to contest the position of Chief Justice.