Chief Justice Willy Mutunga has denied allegations that he is a magician and unfit to hold public office.
He described an application seeking to remove him from office as reckless, misconceived and illegal; saying it contains false assertions of necromancy, magic, non-taking of oath of office and maladministration of justice on his part as the CJ.
“I have never practiced either necromancy or magic and no testimony that I have given before Parliament or the Judicial Service Commission amounts to the allegations made against me,” said the CJ Tuesday.
In a sworn affidavit, the CJ said all circumstances show that the offensive allegations have been made for the mere purpose of abuse and to prejudice the public against him.
He said that the petition intends to bring his character and that of the office of the Chief Justice into disrepute through reckless and false assertions of not swearing on the books of “all faiths” and that he took oath of office using an unknown “red book.”
He added that it was well known that he was sworn in and took the oath of office at State House upon the appropriate Holy Book given to him there.
“I took the oath of office at State House upon the Holy Quran, on a copy provided by State House as prescribed by the Constitution of Kenya before the president, cabinet ministers, senior civil servant and members of the JSC,” said Dr Mutunga.
He said the petitioner’s offhand description of what he does not like are dismissive and disrespectful of other faiths and is using the courts to achieve the same.
Dr Mutunga submitted that the application degrades his faith and in the process contravenes his right to freedom of conscience and worship.
“The petitioner seeks to use court process to under the Constitution to violate the Bill of Rights of the very same Constitution under the guise of a petition,” he said.
The CJ added that the petition against his appointment is an offensive, cynical, calculated and defiant abuse of court process and is liable in law to be struck out.
He accused the petitioner of constantly taking bits from whole answers to suggest whatever he wants to, and in so doing has misrepresented what has been said, adding that he will refer to the Hansard record of his testimony before the Parliamentary Committee for a true copy of what he said.
Dr Mutunga said that if the petitioner is seeking to remove him from office, he should do so as prescribed under Article 168 of the Constitution and not through the courts.
According to his affidavit, that is the only procedure permitted to oust him, and the Judicial Service Commission is the only body permitted to initiate the removal.
Article 168 (2) states that the removal of a judge may be by the JSC acting on its own motion or on the petition of any person to the commission.
Source http://www.nation.co.ke/News/I+am+no+magician++says+CJ+Mutunga/-/1056/1253658/-/ndgw5a/-/index.html
I am not a magician, says Chief Justice Willy Mutunga
