BY SAM ALFAN.
Former Chief Justice Dr. Willy Mutunga has defended celebrated high Court Judge George Odunga against critics saying the Machakos-based jurist is a brilliant judge.
Responding to outspoken city lawyer Donald Kipkorir criticism of Odunga, Mutunga termed the judge as a brilliant and distinguished author.
The former CJ advised lawyer Kipkorir to read Odunga’s Judgments, review them and publish a critique in a journal.
“He’s a brilliant judge. He’s also a distinguished author. Please read his judgments, review them, and publish your critique in a journal. And bear in mind that our Constitution is transformative and activist,” Mutunga responded.
Kipkorir had tweeted that although Justice Odunga is a good Judge, he has penchants for micromanaging politics and the executive in overreach and judicial activism.
Lawyer Kipkorir added that litigants with grudges against the system shop-forum his court and it can’t be that he is the only Judge who always allows orders against the Government.
Kipkorir said although he has never for a moment doubted Judge Odunga’s brilliance, the Judge shouldn’t hold himself as a “lighthouse of Anti-Government and Anti-Establishment Judge”.
“Role of a Judge isn’t to midwife politics. Politics must be allowed to its own adjustment. Politics must grow or die on its own,” Lawyer Kipkorir added.
Justice Odunga was transferred from Nairobi to Machakos over what many believed was because of his decisions, which did not go well with the government. And despite being away from the city, the Judge has continued to deliver rulings and judgments that upset the system.
During the interview for the post of Appeal Court judge before Judicial Service Commission, Odunga defended his decision which many considered as anti-government.
Justice Odunga was asked to explain the decisions he made, mostly against the government. He said all his rulings were clear and influenced only by the Constitution and applicable laws.
“I have made decisions against and in favour of the government. I have made decisions even against the Judicial Service Commission. In all my decisions, it is clear that I can’t be influenced by any factor other than the Constitution and the law. I am a staunch Catholic but I have never allowed my religious beliefs to affect my decisions,” Odunga said.
He was asked by Commissioner Macharia Njeru whether he thought of consequences when he declared as unprocedural the appointments of returning officers for the 2017 general election a day to the repeat poll.
“There was illegality in the appointments and although I declared it unconstitutional, I declined to grant the reliefs the petitioners sought,” he said.
The judge added that if a decision is likely to lead to anarchy, he may not grant the reliefs.
