Eyes on controversial professor in CJ race

Controversial State University of New York Professor Makau Mutua will appear before the Judicial Service Commission on Wednesday to be interviewed for the chief justice position.

Prof Mutua will be a candidate of interest given some of the positions he has taken on national issues.

After the 2013 General Election, he openly questioned the legitimacy of the Jubilee regime.

After the electoral commission and the Supreme Court declared President Uhuru Kenyatta the winner of the 2013 election, he publicly stated and tweeted: “As a matter of freedom of conscience and thought, I can’t accept Uhuru Kenyatta as President of Kenya. I can’t and I won’t.”

The controversies aside, some in the legal profession believe that he is suitable for the job.

Lawyer Harun Ndubi said a chief justice should be a person with the intellectual ability to lead the Supreme Court in interpreting the Constitution.

“Prof Mutua has the intellectual and personal charisma to be able to deliver what the Constitution requires,” said Mr Ndubi.

“This job needs a person who is courageous, independent of mind but who recognises the interdependence of all the institutions and private sector. Prof Mutua is one such person,” he added.

Lawyer Wanyiri Kihoro, however, argues that the position should be held by someone who has worked in the Judiciary and in the judicial service.

“He or she should know the judges as much as possible, know how the lower system of justice works,” he said.

Given that former Chief Justice Willy Mutunga came from outside the Judiciary, he said, it will be appropriate to have an insider this time round.

Prof Mutua, who boasts rich academic achievements, is currently an adviser with the World Bank in Washington, DC.