The suspension will pave way for relevant State agencies to investigate the threat directed at Mutunga in case the judgment delivered on the now concluded suit against Mr Uhuru Kenyatta and Mr William Ruto on grounds of integrity case, went against the Jubilee pair.
These happened as pressure piled on Head of Civil Service Francis Kimemia — who Mutunga also accused of trying to stop him from leaving the country because he had not cleared him, yet he holds an independent constitutional office — to resign.
Coalition for Reforms and Democracy presidential candidate, Mr Raila Odinga and his running mate, Vice President Kalonzo Musyoka, accused Kimemia of bias towards Jubilee team, and further accused him of actively lobbying CORD members to switch to the Uhuru-Ruto coalition.
They also sensationally claimed that just as the Administration Police was used to play a supportive role for President Kibaki’s Party of National Unity in 2007, Kimemia was out to use the Force to try and shower up support for Jubilee.
Sources said Mutunga, who has been having two bodyguards, has now had his security enhanced with another four officers who will now guard him.
Officer interdicted
Mutunga was headed to Tanzania where he had been invited on an official visit but was temporarily stopped from flying out of Jomo Kenyatta International Airport over orders the CJ said were given by Kimemia, who curiously played a central part in the high-level security meeting that discussed the death threat.
Indeed, it was Kimemia who summoned the National Security Advisory Committee — which brings together all the top security officers and their technocrats — to discuss the saga.
The move to interdict the Immigration officer was part of the decisions arrived at the meeting chaired by Kimemia, who Mutunga accused of issuing the orders that saw him humiliated at the airport.
Though Kimemia denied issuing the orders, the circular he sent barring State officials did not single out exemptions, though a line was later added with an ink pen that the CJ and judicial officers were among those referred to.
“I still find the insistence on permission from Mr Kimemia bizarre to say the least. Even more baffling was that the Chief Registrar of the Judiciary received a purported ‘Clearance to travel” letter by Mr. Kimemia dated February 14, stating, ‘...it has been noted the Chief Justice is travelling to Dar es Salaam, Tanzania”, the CJ had said when he disclosed the matter on Tuesday.
Mutunga said upon landing in Dar-es-Salaam, Tanzania, he received a telephone call from spymaster Michael Gichangi, apologising for the ‘small hiccup’ at the airport. “I told the DG that a Chief Justice being gratuitously stopped by anybody from traveling cannot fit the definition of a small hiccup,” Mutunga added.
Jubilee activist
Others at Thursday’s security meeting were Internal Security Permanent Secretary, Mr Mutea Iringo, Mr Gichangi ,who is the Director General of National Intelligence Service, Inspector General of Police David Kimaiyo and his deputies; Grace Kaindi and Samuel Arachi.
Foreign Affairs PS Thuita Mwangi, Immigration PS Emanuel Kisombe and Defence PS Nancy Kirui also attended as well as Attorney General Githu Muigai and Chief of Defence Forces Gen Julius Karangi.
Raila on Thursday hit out at Kimemia accusing him of transforming himself into a Jubilee activist yet he was supposed to be neutral. Raila cited threats against Mutunga claiming it was part of a wider scheme to intimidate or blackmail the Judiciary.
CORD warned State officers to be cautious and compared what is happening in the country to what triggered the 2007-2008 post-election violence. “He is forgetting what befell his predecessor (Francis Muthaura) who is now facing charges at the ICC,” Raila warned.
Several immigration officials who spoke to The Standard explained they have Kimemia’s circular in their offices and it does not exclude the Speaker and the CJ as purported by NSAC meeting.
The security meeting also resolved to set up a team to probe the threats on the CJ’s life. It will be composed of the Police, the Director of Public Prosecutions and the Attorney General. The team has up to Monday, February 25, to hand over its report, which will be made public.
Law Society of Kenya together with East African Law Society condemned the threats and harassment meted out on Mutunga and demanded action from the government.
Federation of Women Lawyers (Fida) together with several civil society groups demanded Kimemia desists from intimidating the Judiciary.
The six groups led by Bunge la Mwananchi petitioned Kimemia asking him to stop frustrating and harassing Mutunga. “There is no directive that requires the CJ to seek clearance from the Head of Civil Service. The judiciary is not subject to control of any person or authority,” Mr Cidi Otieno of Bunge la Mwananchi said.
The activist maintained that any institution or office that seeks to control the Judiciary should be condemned.
Mandate
Mutunga on Tuesday declared he would not be intimidated and was not accountable to any other authority except Kenyans. On Thursday, these groups urged him to continue with his duties as is required by law.
“These are forces of impunity that would like to force the CJ to a (Nancy) Baraza-like situation where a junior officer stops him and forms a basis for removing him,” the activist emphasised.
Kanu Chairman Gideon Moi asked the government to ensure threats directed at Mutunga and those behind it were investigated.
He also asked the government to deploy more security officers to protect the CJ in order for him to discharge his mandate fairly and without fear.
According to him, such careless talks and threats if not investigated and acted on can easily plunge the country into chaos. “The Government must ensure those behind the threats are investigated and action taken against them sooner than later,” said Moi.
- The Standard
