Chief Justice Should Not Honor Miguna Book Launch

[Omwenga]

According to the Standard, www.standardmedia.co.ke/?articleID=2000060710&story_title=Miguna%27s-book-on-Raila-to-be-launched-in-Kenya Chief Justice Willy Mutunga is scheduled to appear as guest of honor in the launching of the controversial Miguna Miguna’s book on July 14, 2012.

Regardless of where anyone stands on the political divide in Kenya or who they support in the Kibaki succession politics, all Kenyans must be united in loudly telling Chief Justice Mutunga that being a guest of honor in this book launch for Miguna is wrong.

There are many reasons why this is so but one is sufficient in by itself to have the Chief Justice rethink, if he is committed to attending this event, and that is, gracing the event is not worth the honor and dignity by the person holding the high office he does.

This is because even though theoretically a co-equal branch of government with the legislative and executive branches under the new political dispensation, we have a greater expectation and requirement that our Chief Justice be at all times above politics.

This expectation and requirement does not mean that our Chief Justice must be politically aloof or blind to the goings on politically; quite the contrary, he or she must remain informed about the politics of the day lest he or she will not effectively and fairly execute the full responsibilities of the office.

It also doesn’t mean that the holder of that office cannot express themselves politically outside of their official role if they must but it does mean if they do so it must be done such that it does not evince bias or a tainted judicial mind, let alone even the appearance of impropriety.

That is also not to say the Chief Justice cannot allow politics to creep into his judicial philosophy, if it hasn’t already.

However, the reason we insist on having only the best among those with sterling credentials and reputation to serve as Chief Justice is because there is an expectation that individuals like that would and must separate themselves from the politics of the day and instead draw from their judicial prowess, if any, knowledge of the law or wisdom and judiciously and fairly apply the law to the facts and render the right verdict on any given issue.

In other words, our Chief Justice and the rest of the judiciary for that matter must always avoid political controversies unless in the context of rendering an opinion in resolving an issue at hand.

Indeed, in countries such as the United States, the highest court of the land there has long held and, it is in fact, the case that courts must stay away from deciding “political questions,” which means staying away from deciding issues that are strictly political in nature and are best resolved by the legislative and executive branches of the government, not the courts.

Given the judiciary in Kenya has been nothing but an extension of the presidency for decades until now, we are nonetheless a long way from reaching a point where the courts can leave it up to the legislature and executive branches to resolve issues because they are too political.

This is more so the reason why the Chief Justice and the rest of the court must remain above politics even when considering questions that are political in nature.

There cannot be a more flagrant violation of this principle than what the Chief Justice is poised to do and that is being the guest of honor for Miguna in the launching of his book.

In fact, this whole thing sounds like a bad joke or publicity stunt neither the Chief Justice nor anyone serious can possibly wish to be a part of.

This is because after being unceremoniously booted from the Prime Minister’s office as an advisor on coalition affairs, Miguna Miguna promised the world he has an ax to grind by way of a book he now plans to launch in the next two weeks or so.

There is nothing wrong about that at all; Miguna has a right like anyone else to publish anything he wishes to, provided it’s not slanderous or otherwise in violation of the law.

What is wrong is for the Chief Justice to grace his book launch with his presence, which is not merely Dr. Mutunga who is going to be in attendance, but the office he represents and that is the Supreme Court of Kenya.

There is not a single plausible reason the Chief Justice can advance worth exposing his own judgment and the office he holds to ridicule and condemnation in this manner.

Not one and if it is as it’s been advanced by others that it’s because the Chief Justice is good friends with Miguna whose friendship goes back to his post-graduate studies, that may be a great reason to join Miguna in a private party to celebrate the launch of his book but not to be the guest of honor at the official launch of the book with all its implications and impressions created rightly or misconstrued by having a person of his stature at such an event.

While the Chief Justice cannot advance a plausible reason why he would expend the goodwill he has and expose the neutrality of his office to at least suspect treatment henceforth, there are many other reasons why it’s a bad idea and wrong for the Chief Justice to go forward with this and leading them would be just a matter of answering a simple question; why would the Chief Justice basically endorse Miguna’s book and not Kimbo cooking fat or any other commercial product?

Is there any difference between the two in terms of keeping the office of the Chief Justice above reproach or ridicule, let alone the harsh criticism that is sure to follow over this basically trivial issue in the larger scheme of things?

Or, if you want to keep it at the book level, why would the Chief Justice endorse Miguna’s book and not books by others be they fictions, non-fictions or simply trash?

It is not as if Miguna is set to release a tome about things we don’t already know or of any value beyond being fodder to Raila’s haters and critics and if he does, in fact, “reveal” things heretofore unheard of or unknown, no one doubts they will be nothing but fiction cooked in his mind over these many months he has been brooding to get back at his former boss and likely our next president, Raila Amolo Odinga.

These are certainly cross-hairs the Chief Justice does not wish to find himself in for any reason, not even friendship for certain things are far more important than that friendship when it comes to matters of state and specifically the very office he holds as Chief Justice and President of the Supreme Court.

The Chief Justice was appointed from outside the judiciary specifically because it was believed he will bring the kind of freshness and untainted history to clean the judiciary but that does not mean he has free rein to ignore or tramp traditions and practices that have made judiciaries across the globe the venerable institutions they are and chief among that is simply staying above petty things such as lowering oneself to be used as a prop in launching a book that’s likely to be a flop as many others before that which their peddlers promised so much only to offer nothing to write home about in the end.

To be sure, there are many hungry to devour every word in the book but no one who knows anything about these things seriously thinks Miguna is going to add anything to the political discourse beyond what is known and there certainly won’t be any “insights” into how the government works beyond what we know—or more precisely, beyond what anyone who follows these things closely will know.

In Chief Justice Willy Mutunga and the Judiciary Must Stay Above Politics, omwenga.com/2011/12/07/chief-justice-willy-mutunga-and-the-judiciary-must-stay-above-politics/I noted the following:

Chief Justice Dr. Willy Mutunga is once again having some of us scratching our heads by what he is saying or more precisely, how is going about saying it.

While no one can disagree with what the CJ is saying about ministers upholding the constitution or resigning, I find it wholly wanting that he has seen it fit to do so in a manner that appears and can, in fact, be said be an injection of himself and our courts into politics which is as bad as having no independent judiciary to begin with; of what difference is it if the CJ is another politician?

Would this not lead us to yet another era of blurred or no distinction between the politicians and the robed ones who are supposed to make sure the politicians are put in check and respect the law?

It would be prudent for our CJ to use the powers of his office and court to implement real change in the judiciary and rule of law in Kenya, not the media for if he chooses the latter as his primary vehicle, the politicians, especially those who would prefer status quo would reduce him to ridicule in no time and before one blinks, the court will be held to the same low esteem it’s been rather than bringing itself above politics and establishing itself as a noble place of awe and respect.

I am not here suggesting that the CJ should keep quiet and not say a word outside the bench or his chambers; far from it.

What I am suggesting is, the CJ should be selective and make public utterances outside his traditional avenues, namely, outside of court opinions and decisions only when it’s necessary to do so to explain the court’s judicial philosophy or policies but not politics.

The CJ will, in fact, accomplish and be more effective in both laying a firm foundation for the new court and effecting the desired reforms in the judiciary by simply focusing on carrying out the reforms, while ensuring that the court renders sound, well-reasoned decisions and opinions grounded in the constitution which would speak volumes and go far in reforming the judiciary than what the CJ can say in the media.

It is worth repeating this and hope the Chief Justice hears our plea to him to take this rare opportunity he has been given and help shape our judiciary in a manner all of us can be proud of and much to the benefit of our country.

At the time the court is poised to render important decisions that have far-reaching implications about our country’s future, the last thing the Chief Justice would want to do, is go mingle with Miguna Miguna at the InterContinental in the launch of a book many have already dismissed as nothing but an effort to get back at Raila for sacking him not any different than many a servant has been sacked.

Were Miguna not otherwise sacked and left the government on his own in efforts to disclose wrong-doing he had found while there, his book would not only be a road-map to correct that wrong, the Intercontinental Hotel would be too small a venue to launch the book as everyone would be right there to give him support and applaud him for the job well done in penning the manual, if he was around and alive to witness the support.

This is not the case by far and given some of the things that have been leaked as earthshaking and a taste of things to come, my prediction is the launch and aftermath will only be rivaled in history by Mudavadi’s launch of his presidential bid under UDF after defecting from ODM and now many including him are wondering why.

I cannot fathom why Chief Justice would want his name mentioned together with such historical flops, especially arising out of this well-known background of controversy involving Miguna and the PM but if he does, he will have only but him to blame.

The collateral damage will be questions about his judgment that will linger long after the lights are out at the launch venue for the book and all garbage is dumped from the event if he, indeed, graces the event with his presence.

Let’s hope he doesn’t.

Uchambuzi Tanaka, www.omwenga.com

[OtishOtish]

Supported 100%

[kijiko]

True

[phil]

Umenena vyema Ndugu MakOmwenga!

I do hope Willy Mutuga will remove the CJ's hat when he graces this launch, otherwise he may inadvertently be heavily compromising his own standing as custodian of justice in the republic.

[Omwenga]

Jun 28, 2012 5:11:32 GMT 3 OtishOtish said:

Supported 100%

Otishotish and Kijiko, thank you.

Phil,

Hehehe, ati MakOmwenga? I like that and will henceforth adopt and copyright as mine to be used as necessary; thank you. ;D!

I don't think the CJ can avoid compromising his standing if he attends and that will be very sad, indeed, because we all have very high hopes for him and wish him the most success in leading in reforms of this important institution that must be reformed if the words justice and rule of law are to have any meaning in our country.

[mzee]

Omwenga,
That was a great piece.

The CJ attendance would be akin to Raila attending the launch of a book the portrays Kibaki negatively or vice a vice. Its just plain stupid. It will look as if he is ganging up with Miguna gainst the PM. It would also look as if the negativity Miguna wrote in the PM has been researched and found to be all true. The truth is that Miguna is just but a bitter person who will stop at nothing to hurt the PM. In this regard the CJ should not attend the launch. Miguna has other friends who can help in the endevour.

[job]

Omwenga raises a very pertinent point. 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).

[Omwenga]

Jun 28, 2012 15:20:20 GMT 3 mzee said:

Omwenga,
That was a great piece.

Thanks Mzee.

When you say,

The truth is that Miguna is just but a bitter person who will stop at nothing to hurt the PM. In this regard the CJ should not attend the launch. Miguna has other friends who can help in the endeavor,

you very aptly sum up the very essence of what we are all saying and this is without any malice or bad faith but just the truth as truth can be.

[Omwenga]

Jun 28, 2012 16:31:13 GMT 3 job said:

Omwenga raises a very pertinent point. 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).

Job,

I hear what you are saying and understand where you are coming from but, I would not even have our Chief Justice scouring books to determine their political value; if he reads one privately and wants to tout it, he can do so in so many ways but I wouldn't.

What for with the heavy task at hand of reforming the judiciary and making a stamp to be forever associated with him?

Would he not be better of doing what he was appointed to do such that when books are written about his contribution, they are all positive and nothing of the kind we are talking about now relative to how he conducts himself?

When you say,

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),

you make such an excellent point I hope it's understood by all that way.

The only thing I would add (or take away) is the qualification "certain disputes" and simply say all disputes!

[jakaswanga]

Yes omwenga,

I really feel the CJ owes us a public rejoinder on this one. I am very expectant to the way he will explain himself. And I hope to hell it will not be the kind of nonsense he said following his Moi trip.

First I thought, like another jukwaaist, that it was a publicity stunt. Now I hear it is serious! Woi!

[Omwenga]

Jun 28, 2012 19:43:44 GMT 3 jakaswanga said:

Yes omwenga,

I really feel the CJ owes us a public rejoinder on this one. I am very expectant to the way he will explain himself. And I hope to hell it will not be the kind of nonsense he said following his Moi trip.

First I thought, like another jukwaaist, that it was a publicity stunt. Now I hear it is serious! Woi!

Jakaswanga,

I, too, was of the belief this was some kind of publicity stunt and initially posted a comment to that effect only to quickly find out it was as real as real can be.

The CJ need not even give a rejoinder but should do the right thing and simply not grace this event.

Quite frankly, I was very surprised with the Moi visit as well but thought it was an aberration.

If this continues, then we are clearly going to be looking at a very disturbing pattern all of us must be concerned about and I don't see how that helps the CJ or the Judiciary.

[kamalet]

Jun 28, 2012 16:31:13 GMT 3 job said:

Omwenga raises a very pertinent point. 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).

....and...

Jun 9, 2012 19:39:12 GMT 3 job said:

In the thread below the CJ suggests joint political rallies monthly (by all 14 presidential aspirants) - as a way to diffuse political temperatures. I would love more of these words of wisdom - a mark of active and positive leadership.

[job]

Jun 28, 2012 21:39:40 GMT 3 kamalet said:

Jun 28, 2012 16:31:13 GMT 3 job said:

Omwenga raises a very pertinent point. 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).

....and...

Jun 9, 2012 19:39:12 GMT 3 job said:

In the thread below the CJ suggests joint political rallies monthly (by all 14 presidential aspirants) - as a way to diffuse political temperatures. I would love more of these words of wisdom - a mark of active and positive leadership.

Kamale,


I'm fairly confident you know that - the CJ asking 14 presidential aspirants to attend joint rallies is not synonymous with the CJ himself attending the rally or any other political event.

[OtishOtish]

Don't be too confident. With Kamale one never knows.

[johns]

By publicly appearing at the book launch or even gracing it, the Chief Justice would appear to be endorsing gossips, innuendos, rumours and possibly hearsays as something acceptable in the form of print. And how would he dispense justice if at a latter date the nonsense Miguna has written about Raila Odinga is challenged in a court of law and the case comes to him for adjudication?

Mutunga should stay away from attention seekers like Miguna and concentrate on things that are important to the well being of our society.

[Omwenga]

Jun 29, 2012 1:16:58 GMT 3 johns said:

By publicly appearing at the book launch or even gracing it, the Chief Justice would appear to be endorsing gossips, innuendos, rumours and possibly hearsays as something acceptable in the form of print. And how would he dispense justice if at a latter date the nonsense Miguna has written about Raila Odinga is challenged in a court of law and the case comes to him for adjudication?

Mutunga should stay away from attention seekers like Miguna and concentrate on things that are important to the well being of our society.

See below for update.

[OtishOtish]

Jun 29, 2012 2:03:23 GMT 3 Omwenga said:

Jun 29, 2012 1:16:58 GMT 3 johns said:

By publicly appearing at the book launch or even gracing it, the Chief Justice would appear to be endorsing gossips, innuendos, rumours and possibly hearsays as something acceptable in the form of print. And how would he dispense justice if at a latter date the nonsense Miguna has written about Raila Odinga is challenged in a court of law and the case comes to him for adjudication?

Mutunga should stay away from attention seekers like Miguna and concentrate on things that are important to the well being of our society.

I have it from an impeccable source that several judicial colleagues of the Chief Justice have actually asked him not to attend the event but, according to my source, the CJ "has his own mind," which basically means to me his mind is made up and he's blowing everybody off on this and that would be very, very unfortunate, if it's, in fact, the case.

Well, ours is a "mta do?" culture. So, then, ....

[raiswakesho]

My profession requires me to both independent in fact & appearance. Perception matters and CJ knows better. Having said that, Mutunga & Miguna are friends going back to their days in Canada...he'll be doing what friends do to each other except that Mutunga is no longer just a friend.

[Omwenga]

Jun 29, 2012 3:23:34 GMT 3 raiswakesho said:

My profession requires me to both independent in fact & appearance. Perception matters and CJ knows better. Having said that, Mutunga & Miguna are friends going back to their days in Canada...he'll be doing what friends do to each other except that Mutunga is no longer just a friend.

UPDATE:

I have it from an impeccable source that several judicial colleagues of the Chief Justice have actually asked him not to attend the event but, according to my source, the CJ "has his own mind," which basically means to me his mind is made up and he's blowing everybody off on this and that would be very, very unfortunate, if it's, in fact, the case.

My take on this is, let those who care about judicial reforms and establishing and maintaining high integrity as in the spirit of the new political dispensation and freedom continue to put pressure on the Chief Justice by visiting the Supreme Court website www.judiciary.go.ke/portal/the-supreme-court.html and simply sending a message the Chief Justice should not attend Miguna's book launch as it would bring disrepute to not only the Supreme Court, but the entire judiciary.

As noted in the blog, first, let's all remove our partisan hats and look at this as a Kenyan, not political issue.

Would you like to have someone as our Chief Justice entrusted with the critical responsibility to lead our judiciary in a new direction of reform to be embroiled in defending the appropriateness of attending the launch of some nondescript book by a friend who has clearly staked his position relative to Raila in the presidential race?

What does that say about our Chief Justice and his ability to be fair and impartial, let alone his ability to effectively lead the judiciary if he is deliberately thumbing his nose at his colleagues who are urging him not to attend the Miguna book launch for fear and rightly so that such high profile gesture would forever cast a shadow over the CJ and the entire judiciary?

Is there any doubt in anyone's mind who critically thinks about this that people would rightly and easily start to entertain the notions that the CJ is on to the wrong track in how he is handling himself vz the demands of that office in taking the judiciary in a new, reformed direction?

When the CJ visited Moi soon after his being sworn, there was almost no reaction from anyone save for some of us due to willful suspension of disbelief because most people were simply still awash with the aura and happiness of having gotten rid of the top echelon of the judiciary and infused new blood in the system and many even simply overlooked the very bad reason given as an explanation by the CJ.

Having come from outside the judiciary to take a seat at the highest possible place in the judiciary and let alone leading it, the CJ has an extraordinary expectation and requirement that he treads rather very carefully both in how he manages the judicial affairs as well as how he relates to his colleagues throughout the judiciary such that he does not give any of them reason to thwart his efforts to reform the system, which they can.

Ignoring those from the bench who have asked him not to attend this book launch by essentially a disgruntled former employee of the PM's office or even ignoring those who have not yet asked him not to but would if they had the opportunity to is not exactly the way to go in light of this delicate tread the CJ must carefully tread on.

I could go on but you get the drift so just log on to the Supreme Court websitewww.judiciary.go.ke/portal/the-supreme-court.html and let your voice be heard in opposition to this troubling decision by the Chief Justice that has nothing to do with what he should be honed in and exclusively so and that is, guiding the judiciary in these critical phase of its new life.

Again, in the larger scheme of things, the Chief Justice thumbing his nose on his colleagues and attending a nondescript event like this other than the excitement its eliciting among those who can't stand Raila may look trivial, but the real tragedy shall be in the amount of judicial capital and goodwill the Chief Justice would have lost at the time he needs every bit of it to bring about the necessary reforms at judiciary.

That's no small price for all of us to pay but the Chief Justice has it still within him to save himself and ultimately all of us the loss.

Uchambuzi Tanaka, www.omwenga.com

[Deleted]

The CJ Willy Mutunga will be guest of honor at Miguna's book launch on July 14, 2012 and that's just a few days away.

I'm also eager to hear his justification for accepting this invitation because if nothing else it was sure going to be very controversial.
If he doesn't speak on this till then, we'll surely find out when he gives his speech at the book launch. So, just hold on omwenga. Let's hear what the man has to say. You worried that his attendance particularly as guest of honor gives credibility to MM and his book on Raila; and or brings disrepute to the judiciary and his office? I don't think that Willy is the sort person that anyone can manipulate. I'll wait to hear what he has to say.

[mwalimumkuu]

Omwenga,

Why this concerted effort to intimidate the CJ over this matter? What are we fearing? Willy Mutunga is an adult of sound mind. His being CJ does not mean he cannot associate and engage in other private activities. Mutunga is not only a friend of Miguna but a scholar too. His being chief guest at Muguna's book launch can only therefore be seen through these two lenses. Whatever the book contains, is a different matter that is neither here nor there and non of his business a this point.

[reubenj]

The CJ is free to attend weddings, funerals, book launches, whatever social occasions he fancies. If by doing so he undermines the integrity of the office he holds, anyone can go to court and file a complain.

These ODm operatives and Raila diehards/supporters here in jukwaa are concerned because they know in their hearts that MM was treated unfairly and unlawfully by the OPM and he is not the kind that takes it kindly. These issue is most likely going to be in the book and they are not looking forward to that bitter truth.

I think the CJ should attend and in his speech urge Kenyans to read more and always hear both sides of the story. I am looking forward to reading about the PM during the PEV and the subsequent ICC debates.

[b6k]

Reubenj,

Not being an ODM operative or Raila diehard/supporter personally, I have another reason why the CJ should NOT attend the book launch. Let me paste my reasons why from another thread here:

Jun 28, 2012 13:12:59 GMT 3 b6k said:

Jun 28, 2012 11:36:54 GMT 3 Onyango Oloo said:

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?

MM asks some valid questions but I think he still has it wrong. He cannot compare himself or his functions to those of the president or the PM as rightfully stated by Phil. Also, he is launching a book that is alleged to be primarily about the PM, a prospective presidential candidate in 2012/13. If for any reason we end up with yet another "too close to call" presidential contest, how can the CJ be expected to be objective when he was at the launch of a book that was peeling the mask off one of the candidates?

I for one am looking forward to buying & reading this book. However, if the CJ goes ahead with this launch & our elections end up in court, you can expect we will have a repeat of '07 when ODM will claim the courts are not independent precisely because he attended the anti RAO book launch & it will be back to the streets for "justice".

MM, kindly get another chief guest for this fucntion....

[stibin]

If the Ethics and Integrity law does not consider CJ’s presence at the launch as a bleach of ethics and/or conflict of interests, I do not see anything wrong if he attends. Furthermore some of us are judging Miguna’s book before reading it.

[Omwenga]

Jun 29, 2012 12:05:43 GMT 3 stibin said:

If the Ethics and Integrity law does not consider CJ’s presence at the launch as a bleach of ethics and/or conflict of interests, I do not see anything wrong if he attends. Furthermore some of us are judging Miguna’s book before reading it.

Stibin,

The relevant part of Chapter Six states as follows with respect to State Officers of which the Chief Justice is one:

75. (1) A State officer shall behave, whether in public and official
life, in private life, or in association with other persons, in a manner
that avoids—
(a) any conflict between personal interests and public or official
duties;
(b) compromising any public or official interest in favour of a
personal interest; or
(c) demeaning the office the officer holds.

Can a case be made that the CJ's obligation to his personal friend to attend this function is in conflict with his role as Chief Justice?

Can a case be made that by attending the book launch of a personal friend and author of a book that has been touted as the mother of all punches to knock Raila out of the presidential run puts the Chief Justice in a compromised position?

Can a case be made that Dr. Willy Mutunga's attending the book launch demeans the office of Chief Justice?

These are questions that must be asked and answered objectively, not with emotions and how one answers them cannot be and must not be seen from their partisan perspective for some times we all must rise above politics and see things from the perspective of what is good for our country as a whole.

A simple test to determine this is simply asking oneself is this something that brings us together as a nation or one that divides for surely there must be something we all as Kenyans must agree to see the same way otherwise we are doomed.

Politicians must ask themselves the same question ditto for State Officers but the Chief Justice, the President/PM more so than everyone else and were the Chief Justice to ask himself is what he contemplates to do something that brings us together as a nation or one that divides us, he would obviously have to agree it's the latter and not the former which means he shouldn't engage in such conduct for the sake of the office he holds.

Conversely, if the Chief Justice thumbs his nose on everyone asking him not to attend this event and goes ahead with it, then he has to know this will not be without consequence even if that is merely the creation of doubt in people's minds that his judgment is wanting and that cannot be anything worth the risk.

Another way to look at this is even more simpler: If you don't want to be part of a controversy, stay away from it.

Miguna is obviously a controversial figure and for the Chief Justice to dive in and join him in the controversy says more about the Chief Justice than it does about Miguna who has done nothing wrong to invite him to be the guest of honor in his book launch; all of us would do the same thing, but not all of us would readily accept the invitation for some of us are of the view doing so is inappropriate and contrary to Chapter Six of our constitution.