An open Letter to Willy Mutunga : Justice in our Judicial Institutions

After spending my precious time reading the statement you released yesterday in both your facebook account and twitter handle, I must confess that you opened unhealed wounds in my heart.

My feeling has prompted me to write to you this open letter. I am sure my feelings are shared by more than 5 million Kenyans who voted for former PM. 

Raila Amollo Odinga or those who were equally disappointed by your ‘Five Minute Land Mark ruling’ that has since resulted hatred towards you from bitter Kenyans. Some Kenyans have even wished you death, that is, if the facebook page ‘Rest in Peace Willy Mutunga’ is anything to go by. 

After a short silence, a question formulated into my brain where did Justice Mutunga Go Wrong?

It is indeed too harsh to carry all the blame that resulted from the perceived shoddy work done by the six Supreme Court judges. 

Having said that, you will agree with me that holding the title President of the Supreme Court, it also means you are the Commander in Chief.  

It is true am neither  a lawyer nor have I ever stepped into a class of law, but its only in the Kenya’s Supreme Court where Judges throw away evidence submitted by complainant then throw away the case citing lack of evidence.

 Let alone that, together with your co judges you even refused to allow CORD's IT personnel get the ' electronic event log' from IEBC servers that would only take a few minutes to download and a few hours to analyze, it was intended to show the world the dirt the server contained. It’s so clear that you rejected very crucial evidence that CORD lawyers presented that would have proved their complaints.

It is interesting to note that as we were glued to our screens I clearly heard a lawyer representing both Isaac Hassan and IEBC advice you that your Court was young and crawling in terms of age and experience and that you must disallow the petition, he went ahead to tell you that you will gain experience later but not on the petition?' you went ahead and obeyed his arrogance.

At that period the whole country was depending on you. Out of the people who confided and trusted in you, I was one of them, a feeling I have always regretted. The manner in which you handled the whole process turned suspicious.

 It’s true you might have never taken a bribe, but would you be free to tell us something about the threats allegations? Were you threatened to alter your judgment? Were you warned on the negative effects of nullifying the elections?

Your judgment came like a sharp sword forced inside the heart of the majority of Kenyans. That sword wound was just opened by your article in the social media. Though passing through much pain I had to smile when a famous blogger noted that the article was much longer than the land mark ruling you made in the Supreme Court. 

A bit of humor can do.

Justice Mutunga, the only favor we wanted was justice; it was supposed to be our strength. Justice was supposed to be our shield. When we saw our shield and defender being destroyed right before us, in a brood day light, we desperately ran to different directions seeking refuge. Just like chicks that have been left behind after their mother attacked by a fierce predator, we were left to die. 

We had a good constitution that was not protected by your court. Perhaps professor Ogendo was right when he said that “it’s not that Africa lack good constitutions, it is the Africans who lack constitutionalism”

I have a dream and God willing, our institutions' integrity will one day be restored and Kenyans will be free once again! For the time being we accept and move on!