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Post by OtishOtish on Jun 28, 2012 15:40:57 GMT 3
Here is a text message from Miguna Miguna responding to some of the comments above:1.Isn't Dr. Willy Mutunga Chief Justice for everyone including me?
2. Why is OK for him to attend Raila, Kibaki, civil society and other functions but not my book launch when the book is about justice?
3. Isn't silence in the face of injustice a vote for the status quo?
4. Will the Chief Justice's presence at the book launch make him less fair, less neutral or unimpartial?
5. Are those who are critical of the Chief Jutice's presence at my book launch suggesting that I myself can't be a judge merely on account of having differed with RAO?
6. What kind of society do they want: one built on equality or one where only positions matter?
7. Why is it OK for the looters and murderers to meet Dr. Mutunga while he cannot meet his friends? Is the book really about justice, or is its main purpose to poke a stick in the Prime Minister's eye? It would not be appropriate for the CJ to attend an event whose purpose was to open a pot of bile to be poured on the PM's head. True, we have not read the book; but you have said enough in public to leave little doubt as to its contents and purpose. Some of us don't know the circumstances the led to your being invited to leave the PM's office, so we can't say whether there was injustice or not. If there was, it must not have been too bad, given that you negotiated a return (even if things didn't eventually work). The argument that "the CJ is for everybody" is absurd. On that basis, we might as well have the CJ attending Mungiki oathing ceremonies. Equality does not mean that "position" does not matter. The "position" of the Chief Justice's office actually matters a great deal, and not just in how he dispenses justice. For example, we would not expect him to conduct himself in the same way that our politicians do; we expect him to maintain the dignity of the office; we we do not expect him to be involved in activities that undermine the dignity of other high offices; etc etc. etc. If, for example, I read in the Daily Nation that Mutunga had been spotted as a regular on Koinange St, I would denounce him---not for doing something that men, being dogs will do, but damaging the dignity of the office by failing to be sly about his proclivities and thus bringing the CJ's office into disrepute. On the other hand, I would have a very different view it was his office-messenger who got caught. And that's actually not hypocrisy. You may certainly be a judge despite your having differed with Raila. But I would hope that the Vetting Board would look at your conduct, both in the PM's office (which conduct led to your departure) and since you left that office, and consider whether your behaviour was in line with what might be expected from a person holding such an office. Would it, for example, be acceptable to have a judge who on leaving office might publish a book on confidential material from cases that he had handled? Raila terminated your employment in a shabby and most disgraceful manner. To that extent, I understand and fully support your wanting to even the score. Nevertheless, the manner in which you have gone about it---the public statements you've made and so forth---leave a great deal to be desired.
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emali
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Posts: 219
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Post by emali on Jun 28, 2012 16:47:10 GMT 3
The C.J. attending Miguna’s book launch is similar to Miguna posting on Jukwaa/Star Newspaper in his ‘personal capacity’ not as the P.M’s advisor (prior to his firing)....both instances didn’t/won’t pass the test of Wanjiku s everything is politics taste buds...
Maybe Raila’s campaign doesn’t think much of Miguna’s book or maybe it has very little negative stuff on the P.M. alternatively having the C.J. attend makes Raila look very presidential after all he is friends with the C.J. who attended a book launch painting him in bad light...kweli this man holds no grudges...
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Post by job on Jun 28, 2012 17:01:15 GMT 3
Didn't realize there was a parallel thread on this...I'll just paste
Does perception matter when it comes to public conduct of the Chief Justice? Absolutely yes! The CJ should essentially avoid political functions like rallies, party launches, or events that symbolize heavy political undertones.
If I were the Chief Justice, before accepting this invitation, I would first request for an advance copy of the book. I would read it and conclude whether it is one that either has “heavy political undertones” or one that in fact “makes a case outside the court”.
I could be wrong but I think Miguna still has pending case(s) in the court (dispute with his previous employer). In a Judicial system that badly needs revamped imagery; the Chief Justice might want to think very carefully before casually rolling in for this official book launch. Judges should (whether publicly or privately) only hear cases in court; and stay out of politics.
Similarly, if I was Miguna, I would want to avoid dragging my friends who hold key public positions into certain disputes; uncomfortably pitting some against others (or endangering their own standing).
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Post by patriotism101 on Jun 28, 2012 17:27:53 GMT 3
Here is a text message from Miguna Miguna responding to some of the comments above:1.Isn't Dr. Willy Mutunga Chief Justice for everyone including me?
2. Why is OK for him to attend Raila, Kibaki, civil society and other functions but not my book launch when the book is about justice?
3. Isn't silence in the face of injustice a vote for the status quo?
4. Will the Chief Justice's presence at the book launch make him less fair, less neutral or unimpartial?
5. Are those who are critical of the Chief Jutice's presence at my book launch suggesting that I myself can't be a judge merely on account of having differed with RAO?
6. What kind of society do they want: one built on equality or one where only positions matter?
7. Why is it OK for the looters and murderers to meet Dr. Mutunga while he cannot meet his friends? Janyando, c/o OO I hope you are doing fine. I wish to respond to your text directly. 1. Yes, Mutunga is the CJ of everyone, including patriotism 101, Mungiki, the MRC, Uhuruto, MPs with and without degrees, mama mbogas, manambas etc- That does not mean he should attend their "book" launches every time they beckon. 2.Kibaki, Raila and civil society functions- I am not sure which one you are talking about. I cannot remember any book launches by Kibaki or the civil society. (Breaking- Obamacare upheld) If Mutunga attended the Enigma launch, then he attended the function before he was CJ which is perfectly fine. Why the obsession of comparing /equating yourself with RAO and Kibaki? When CJ attends presidential or PM's functions, he is doing so as a head of the judiciary and courtesy demands that he is invited to such functions. That is how the government functions. Forget your friendship with Mutunga. Miguna is not a branch of government, neither is your book launch a state/government function. 3. CJ attending your function has nothing to do with silence or speaking up 4. CJ attending your function will impair how he and by extension the judiciary is perceived by public. Janyando, fairness and neutrality are a product of perception. I thought this was obvious. 5. CJ is not only going to be present, he will be the chief guest at your book launch. Yes this gives you an unfair advantage, an upper hand if you may, perception to the common folks on the streets. Perception, perception, perception. You know it and you will brag about it. 6. I want a society where both equality and positions matter. Where the CJ understands his position and is equal to everyone. 7. It is not OK for looters and murderers to meet Mutunga. If that is the reason you invited him to your book launch, please reconsider. I have argued that the decision is actually, Mutunga's and so far he has shown poor judgment. MM, for the sake of your friendship, please reconsider your invitation to CJ and let him off the hook. Senti 5
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Post by Onyango Oloo on Jun 30, 2012 17:28:43 GMT 3
Another message from Miguna:
Everybody is invited:
Even Kibaki, Raila, Kalonzo, Uhuru, Ruto, Tuju, Kenneth, Karua, Kiyiapi, most foreign ambassadors Kenya and so on.
Some of these guests have confirmed attendance already.
We should all welcome the new dispensation that not only entrenches EVERYONE's right to think, believe in and associate with whomsoever he or she likes; but to have the freedom to express their opinions without censorship pursuant to the law and the Constitution.
Ideas and thoughts never rot!
Like Luis Moreno-Ocampo often says:
" I am loving it!"
Cheers,
Miguna Miguna
PS:
Miguna will be live on K24, Sunday July 1, 2012 at 9PM.
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mbuta
Full Member
Posts: 182
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Post by mbuta on Jun 30, 2012 20:16:00 GMT 3
Chief Justice Willy Mutunga being the Guest of Honor at this book launch is like Chief Justice John Roberts being Guest of Honor at a Sarah Palins book launch attacking President Barack Obama. The Chief Justice should know that he is no longer afforded the luxury of being his own person, everything he does, including his breakfast order, is viewed through the lens of his position as the Chief Justice. Justifying that he is attending it as a friend of Miguna Miguna wont just do. What's next? Attending a meeting of MRC coz he was in primary school with one of them? And no, there are no equivalencies to be made here...
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Post by einstein on Jul 1, 2012 2:08:51 GMT 3
Another message from Miguna:Everybody is invited:
Even Kibaki, Raila, Kalonzo, Uhuru, Ruto, Tuju, Kenneth, Karua, Kiyiapi, most foreign ambassadors Kenya and so on.
Some of these guests have confirmed attendance already.
We should all welcome the new dispensation that not only entrenches EVERONE's right to think, beieve in and associate with whomsoever he or she likes; but to have the freddom to express their opninions without censorship pursuant to the law and the Constitution.
Ideas and thoughts never rot!
Like Luis Moreno-Ocampo often says:
" I am loving it!"
Cheers,
Miguna MigunaPS:
Miguna will be live on K24, Sunday July 1, 2012 at 9PM. MM,Please we are not children! There is no way you can invite the two principals and expect them to attend when the CJ is the Chief Guest. There is something called protocol in government even if they were to attend in their capacities as private citizens. So what you are telling us won't cut. I bet you my mother's only goat, to borrow from Adongo, that the majority of those you have mentioned above are not attending your book launch. Try another one please!
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