Mutunga: I am not gay

By Martin MutuaChief Justice nominee Willy Mutunga looked at Runyenjes MP Cecily Mbarire straight in the eye and answered: "I am not gay". But the man whose ear stud has dominated debate on what are likely to be his religious beliefs and even sexual orientation, quickly added; "But I respect the rights of gay people".
Mutunga also recounted the fact that he had parted with his first wife and was in the process of divorcing his second, did not mean it was not without pain and sense of loss. He asked for the appreciation of the fact that while divorce was an option provided for in the Constitution, those who opt for it do it with a lot of pain and it is not a casual affair.
But it was the nominee for Director of Public Prosecutions, Keriako Tobiko, who had the trickiest time before the vetting committee as he fielded questions on perceptions his previous appointments were based on the fact powerful personalities in Government considered him ‘master of inertia’, ‘the best bet’ and a ‘system man’.
Former Local Government PS, Sammy Kirui, also confronted him with a claim he had solicited, through proxies, Sh5 million bribe, in his case on Nairobi City Council cemetery saga.
He also denied allegations he used his influence to manipulate outcome of the case involving a bother of a former a Narok South MP and ranch owner in Narok County. He also faced claims allegedly made by Justice Moijo ole Keiwua in an unsigned letter that he instigated his suspension.
He also tabled proof he was not the Tobiko who was unlawfully allocated forestland as allegedly reported by the Mau Forest Task Force.
Tobiko also battled with claims made by former Constitution of Kenya Review Commission chairperson Yash Pal Ghai he sabotaged the commission and breached his oath of office by leaking secrets to his masters in Government.
"I can swear that I have never served any masters," said Tobiko, as he questioned Ghai’s integrity.
He also denied allegations by nominated MP Millie Odhiambo that he was related to Eldoret North MP William Ruto, and that he did not challenge the dismissal of a fraud case against the former minister. He had also been asked why a key witness in the Ruto case, who the former minister gave board directorship in his ministry, was not called as a witness.
RespectMutunga set the tempo for his candid appearance with declaration probably to drive the point home he has strong sense of Kenyan culture despite his stud. He said his appearance, disposition and openness was anchored onto the Kamba saying that one must appear before the circumciser while naked.
"I will remain naked to allow Kenyans to scrutinise me if confirmed for the time I would be in office,’’ said the baby-faced Mutunga, who turns 65 this month.
Appearing before the Parliamentary Constitution Implementation Committee for vetting, after which his name would be passed on to Parliament for final scrutiny if the committee clears him, Mutunga also defended his ear stud saying it means as much to him as the crucifix is to Christians.
The nominee for Deputy Chief Justice Nancy Barasa also battled perceptions, like Mutunga, that she is too accommodating to lesbians and gays, and that her respect for family values are questionable.
"I’m not a lesbian. If I were a lesbian, there are some very good friends of mine in this room (and) I would have dated them," she told the panel, as she explained that the misconception might have sprung from her doctoral thesis.
While Mutunga said his children and friends could bear him out on his respect for family values, Barasa defended her divorce status, telling the committee she had lived a decent life providing for her children and family.
Mutunga described the small object that has attracted acres of newspaper space and taken up many TV newsreels, as a symbol of his multiple religious beliefs. He was, however, ambiguous on whether he supports abortion, a stand the Church wanted him questioned on. He choose, instead, to insist his opinions do not count because they are subordinate to the provisions of the Constitution, which he said would guide his discharge of duties if confirmed.
But he made one thing clear: His current employer, Ford Foundation, is concerned with issues of abortion and gayism in as far as they impact on health, human achievement, individual rights, freedoms, and access to medical care.
religion
He also baffled his audience with an explanation he was born a Kamba, in his first years practiced African traditional religion, then was baptised William in a Protestant church, before he became a Catholic and was confirmed as William Jacob. He then crossed over to Islam where he was given the names Wali Mohammed.
Tobiko also tackled claims pointed out in parliamentary report that he interfered with the Anglo Leasing case against Kuresoi MP Zakayo Cheruiyot, because the accused was his client before he became Deputy Public Prosecutor, under the old Constitution. Tobiko told the committee that he did his best in circumstances but could have performed better in a more enabling environment.
Trade Minister Ali Chirau Mwakwere praised Tobiko, 46, because of his fast rise at a youthful age.
Servant of the lawMutunga on his part, however, confirmed allegations made by Church leaders his law firm registered a gay rights trust, but clarified it was done on law firm-client basis and without his personal involvement.
Nominated MP Amina Abdala told Mutunga serious concerns had been raised that if given the job, he could help develop laws that could facilitate divorce on demand. But he promised to religiously adhere to the Constitution if he is given the job.
"The law on abortion and same-sex marriages is clear and if anybody thinks that I will interpret the law otherwise, then I’m a dimwit who does not deserve the job," said Mutunga. He also pointed out that the decision of the Supreme Court to be chaired by the CJ would be collective and not individual.
"Ford funds groups that have opinion that they are discriminated and other groups that seek funding," said Mutunga. Dagoretti MP Beth Mugo asked to explain what influence his ear stud would have on Kenyan youth. Declaring that he was the "unyielding servant of the law".
Mutunga promised that if given the job he would be walking into the corridors of justice with an open mind.