As the search for the next CJ gradually comes to an end, the likelihood of the Kamba nation replacing the retired Chief Justice with their very own once more has been high as two qualified individuals have already sat at the interview table before the Judicial Service Commission and their performances have been breathtaking.
When Nzamba Kitonga nicknamed as father of the new constitution appeared before the JSC, his CV and experience spoke for himself and Kambas hopes remained high until one man of Prof. Makau Mutua appeared at the commission yesterday Sept 14 and proved to Kambas that them too have men of steel.
The tough spoken Makau response to two questioned poised by the Attorney General Githu Muigai left the social media awash with hashtags.
Githu Muigai: Can you call Uhuru Kenyatta- President Uhuru Kenyatta, or will be you forever stick to your normal Mr. Uhuru Kenyatta?
Makau Mutua: I believe Uhuru Kenyatta’s gender is male. That’s why I address him as Mr Kenyatta. I don’t call him Uhuru or Kenyatta, but Mr. Kenyatta, which is what proper educated protocol requires. I have never disputed that the IEBC declared Mr. Kenyatta President of the Republic of Kenya, a declaration that was affirmed by the Supreme Court.
In that sense, Mr. Kenyatta was declared by those two bodies the de jure and de facto the President of the Republic of Kenya. I publicly stated and tweeted after those declarations that “As a matter of freedom of conscience and thought, I can’t accept Uhuru Kenyatta as President of Kenya. I can’t and won’t.” My views haven’t changed, and won’t change. That’s because I believe the election was compromised and not free or fair.
Githu Muigai: Does that mean that you do not recognize him as your President?
Makau Mutua: The question of my recognizing Mr. Kenyatta as President doesn’t arise. There’s no constitutional predicate that requires a citizen to bow down to Mr. Kenyatta just because the IEBC and the Supreme Court declared him the validly elected President. That’s the opinion of those institutions, with which I disagree with all due respect to them. Citizens must obey their conscience and my conscience tells me that the election was so flawed that I would be untruthful to myself and abusive to my conscience, if I was to refer to refer to Uhuru Kenyatta by any other salutation except Mr. Kenyatta.