Catholic Church raises questions over CJ, deputy nominees

Written By:George Githuka ,    Posted: Tue, May 24, 2011

Archbishop John Cardinal Njue The Catholic Church is raising questions over the nomination of Dr. Willy Mutunga as chief Justice and his deputy Nancy Baraza.  Archbishop John Cardinal Njue is now appealing to parliament to protect the interest of the people of Kenya given that it now holds the final say to these nominations. At a press conference by the Kenya Episcopal Conference in Nairobi Tuesday, Cardinal John Njue led Bishop Cornelius Korir of Eldoret, Archbishop Peter Kairo (Nyeri) and Archbishop Zacchaeus Okoth (Kisumu) in raising concern over the nominees and the process of selecting them. The Catholic Church says those required to serve in this very important office must satisfy all criteria of the constitution and must be people of high moral values and uphold universal respect of life,   appreciates the role of religion in public and private life and African cultural value. The church said emphasis only in the academic excellence and radical reformism is not sufficient and justice fundamentally involves moral order.   It has questioned the rational used by the Judicial Service Commission to forward only one name for each of the positions to the executive for consideration. While a section of politicians and youthful leaders endorse him due to his impeccable education credentials, the church on Sunday stood its ground that he should remove the ear stud so as to fit in the society. Mutunga has been on record saying the ear ring is a connection between him and his ancestors and should not be used to assassinate his character. The search for a new Chief Justice has not been without controversy ever since Evans Gicheru retired. Mutunga's involvement in championing the rights of the less fortunate as well as democracy positions him as a neutral with no political alignments. Eldoret North MP William Ruto has been his fiercest critic saying he will not support his candidature when the name is presented in parliament. A section of MPs and leaders however say such a move will derail the implementation of the constitution urging the public to focus on more pressing issues. Bishop Samuel Njiriri on Sunday said the church does not doubt Mutunga's qualifications but said the Judicial Service Commission should have presented three names to the two principals instead of one. The onus now lies with parliament who will have to vet the nominees after the two coalition principals assented to Willy Mutunga nomination as Chief Justice and Nancy Baraza as the new deputy Chief Justice and nominated Keriako Tobiko as the director of public prosecution. On Saturday, Vice President Kalonzo Musyoka urged parliamentarians to endorse the appointment of the nominee for Chief Justice Dr. Willy Mutunga and the other two judicial nominees when the matter comes up for debate. Mr. Musyoka defended the nomination of Dr. Mutunga describing him as the most qualified candidate for the position saying he is respected for his reformist stance and integrity. The Vice President said he had personally known Dr. Mutunga who was his law lecturer at the University of Nairobi during his student days, adding that Dr. Mutunga's appointment will give a new lease of life to the badly tarnished image of the judiciary.