CJ: I was consulted over Rawal appointment

Chief Justice Willy Mutunga during the swearing in ceremony of 122 advocates June 19, 2012 at the Supreme Court. He said he was consulted over the appointment of Lady Justice Kalpana Rawal to head the team that will investigate the helicopter crash that killed six government officials. EMMA NZIOKA

Chief Justice Willy Mutunga has said he was consulted over the appointment of Lady Justice Kalpana Rawal to head the team that will investigate the helicopter crash that killed six government officials.

A section of MPs have voiced concerns on the sincerity of the government in carrying out the investigations arguing that the executive ought not to have picked the judge and instead should have requested the CJ to appoint a judge independently.

But Dr Mutunga has clarified that he was consulted together with the Attorney General and it is him who actually endorsed Lady Justice Rawal’s appointment to lead the investigations.

“I was consulted and we did agree at the end that the judge be picked to head the team," he said adding that the appointment was done after considering a lot of factors such as tribe and experience.

The CJ said the report of the investigations will first go him before he makes its findings public.

“I know a section of the public is worried that the findings of the report will not be made public once it goes to Mr Kimunya but I want to assure them that this report will first come to me and I will make its findings public. This is a matter of national concern and it is only proper that we do it that way," he said

Dr Mutunga also underscored the suitability of judges in heading such commissions saying it is the only way such reports could incorporate justice in their recommendations.

“These issues are about justice and I think when judges are involved, the report becomes fair. Our constitution allows judges to participate in all matters even those that are overtly political," he told journalists outside the Supreme Court building after admitting 122 lawyers to the roll of advocates.

Internal Security minister George Saitoti, his assistant Orwa Ojode, two pilots and two bodyguards were killed in the plane crash at Kibiku forest in Ngong.

The late Prof Saitoti and the late Ojode were buried during the weekend.