MPs take on clerics at Mutunga hearing

MPs on Monday questioned church leaders on their opposition to the nominees for the top jobs in the Judiciary and public prosecution.

Parliament’s Constitution Implementation Oversight Committee (CIOC) also took issue with the clergy’s interpretation of integrity and family values.

Receiving public views on the suitability of Dr Willy Mutunga, Ms Nancy Barasa and Mr Keriako Tobiko for the positions of Chief Justice, Deputy Chief Justice and Director of Public Prosecutions, the committee asked the clergy to stick to substantial issues that could affect the performance of the nominees.

Representatives of the church accused Dr Mutunga and Ms Nancy Barasa of supporting abortion and same-sex marriages, while Mr Tobiko faced claims of incompetence and lack of integrity.

Bishop David Oginde of the Nairobi Pentecostal Church accused the Judicial Service Commission (JSC) of favouritism during interviews for the post of Chief Justice.

He claimed sitting judges were “harassed” by the JSC and that some candidates like Dr Mutunga were treated with kid gloves. (READ: Revealed: Why church is fearful of Mutunga)

Bishop Oginde said though Mr Mutunga was a gentleman, he would be uncomfortable with a Chief Justice who wears a stud.

Father Ferdinand Lugonzo, who represented the Kenya Episcopal Conference, said Dr Mutunga’s and Ms Barasa stood for values that were against the family.

But Gwassi MP John Mbadi said it was hypocritical of the clergy to talk about integrity and family values when priests were routinely accused of sexually abusing minors.

Tourism assistant minister Cecily Mbarire asked the clergy what they would do if a faithful confessed to being homosexual.

Nominated MP Millie Odhiambo challenged the Church to wake up to realities and challenges facing their faithful instead of indulging in doctrine only.

CIOC chairman Abdikadir Mohammed told Bishop Oginde the Constitution does not allow same-sex marriages or abortion on demand.

Constitutional lawyer Yash Pal Ghai and former Transparency International director Gladwell Otieno said Mr Tobiko was not qualified for the office.

“We do not actually know according to what criteria Tobiko has been nominated for this crucial role. We are of the view that this role is more important than that of the Chief Justice and his deputy in addressing the impunity that has been in this country,” Ms Otieno said.

Prof Ghai questioned Mr Tobiko’s competence, citing his performance at the defunct Constitution of Kenya Review Commission (CKRC).

While he was full of praise for Dr Mutunga and Ms Barasa, Prof Ghai said Mr Tobiko was lacking in principle and integrity.

“I believe the office of the DPP is perhaps even more important than that of the CJ. Mr Tobiko does not satisfy the conditions and qualifications needed and does not pass the test of integrity,” he said.

Prof Ghai claimed Mr Tobiko was being fronted by a powerful cabal in government to protect their interests. “Through him many people escaped prosecution of even the most atrocious crimes,” he said.

However, he was taken to task by CIOC members on the veracity of his claims.

Budalang’i MP Ababu Namwamba asked Prof Ghai whether he was inspired by vendetta stemming from their acrimonious relationship at the CKRC.

A group representing minority communities defended Mr Tobiko and asked Parliament to accept him.

“We must remind ourselves that the country is made up of more than five ethnic blocs; we have heard the opposition to his nomination, but Parliament must be wise to be able to read between the lines,” a representative of the Endorois Minority Group said.

The National Council of NGOs endorsed all the nominees, with chairman Ken Wafula saying the allegations were not strong enough to disqualify them from office.

Mr Paddy Onyango of the Citizens Coalition for Constitution Culture described Dr Mutunga as a mediator, a visionary leader and a morally upright person with strong family values.

The Kenya Leadership Trust faulted the process of nominating the two top judges, saying, it violated Article 166 of the Constitution and the Judicial Service Act.

However, Gichugu MP Martha Karua said the Constitution did not require the Judicial Service Commission to give the President a definite number of names.

Mr George Kegoro of the International Commission of Jurists, said a precedent had been set with the nomination of Justice Aaron Ringera to head the Kenya Anti-Corruption Commission and his successor, PLO Lumumba.

Mau Mau veteran Gitu wa Kahengeri said Dr Mutunga and Ms Barasa were up to the task, while Mr Mike Okwanda of the Elders Association Advisory Council said the pair will clean up the Judiciary.

Mr Peter Waiyaki of the Christian Association said Parliament must probe the character of the nominees. Mr Waiyaki took issue with Dr Mutunga and Ms Barasa’s support for abortion and same sex relations.

“They should tell us what they really are in private. They shouldn’t shy away from it and they must be persons of the highest integrity,” he said.

But Kinangop MP David Ngugi said the clergy could not claim absolute authority on morality as they had failed Kenyans on many instances.