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Back off, Mutunga tells Raila on courts

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ByaseL, Mar 20, 2012.

  1. B

    ByaseL JF-Expert Member

    Mar 20, 2012
    Joined: Nov 22, 2007
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    Dr Mutunga said it was wrong for Mr Odinga to refer to the January 13 Constitutional Court ruling on the date of the General Election as “fake” for failing to give precise date for the polls.

    A three-judge bench comprising Justices Isaac Lenaola, Mumbi Ngugi and David Majanja ruled that the elections could be held within 60 days of the expiry of term of Parliament on January 15 or this year if the two principals dissolve the coalition government in writing.

    Mr Odinga dismissed the ruling at the weekend shortly after the Independent Electoral and Boundaries Commission (IEBC) said the elections would be held on March 4, 2013.

    Speaking in Kisii, Mr Odinga said the IEBC was interpreting a decision by “korti ya bandia” (fake or kangaroo court).

    “Such unprovoked utterances are as unfortunate as they are unacceptable. They reek of Executive impunity and have no place in properly functioning democracy,” Dr Mutunga said.

    He urged leaders to be conscious of the “heavy ramifications” their statements could have on the country.

    “Mr Odinga is the Prime Minister of the Republic of Kenya. As a creature of the law, he is a critical and fundamental arm of the Executive. He must be aware that he bears a duty to uphold and protect the independence of the Judiciary as required by the Constitution-especially in instances where he is unhappy with its decisions,” he said.
  2. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

    Mar 21, 2012
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    Wish we had such a judiciary, let's borrow a leaf.