Battle of Professors as Githu takes on Mutua on tweet about Uhuru

Legal scholar, Prof Makau Mutua, was hard pressed to express how he would work with President Uhuru Kenyatta if appointed Chief Justice and the President of the Supreme Court of Kenyatta despite earlier tweeting that he would not recognise Kenyatta as President.

Speaking when he appeared before the Judicial Service Commission (JSC) vetting Panel, Prof Makau told the commission that his tweet was sent by Mutua a private citizen, not Mutua the Chief Justice.

“When I was speaking in this context, I was speaking as a private citizen. People disagree and dissent. Our principle is based upon the principle of dissent. If I was appointed Chief Justice, I would have no problem working with Mr. Kenyatta,” he told the commission.

“I can express myself and dissent or disagree. Its a democracy. It was not personal, it was the circumstance on how he came to power. Conscience is important.”

He went ahead to defend himself saying that he has never said that Kenyatta was not declared the President of Kenya by the Supreme Court but that he disagreed with the ruling.

“I have never said that Kenyatta was not declared President and confirmed by the Supreme Court of Kenya; I have said I disagree with the court. If I was sitting in the court, maybe I would have dissented. Would I have been unfit to serve then?”

Probed further on what his tweet meant, Mutua said that he stands for justice and anyone indicted by the ICC should not offer themselves for a public office.

“I was a frequent commentator of the ICC cases, my view was individuals who are charged with crimes against humanity should not offer themselves for office of President or Deputy, that was my view. It was at that time that I offered myself in a tweet and Professor Muigai, I believe you are on twitter, and what I said was I will not recognise Mr. Kenyatta as the President of Kenya, I can’t and I won’t, that was my tweet,” stated a candid Mutua.