Photo/PPS Dr Willy Mutunga is sworn in as the new Chief Justice at State House, Nairobi on June 20, 2011. Looking on is High Court Registrar Lydia Achode (left).
By NATION CORRESPONDENT
Posted Wednesday, June 29 2011 at 20:31
Posted Wednesday, June 29 2011 at 20:31
The legitimacy of the oath of office taken by Chief Justice Willy Mutunga on June 20 is being questioned.
Lawyer Harrison Kinyanjui said in a suit filed in court on Wednesday that “he never took the oath or solemn affirmation of office that is mandated under Article 74 of the Constitution.”
Mr Kinyanjui said Dr Mutunga merely read the expressed passage from a “red book”.
The lawyer argued in the suit filed under a certificate of urgency that Justice Mutunga was not suited to head the Judiciary as he could not “uphold the dignity and respect for the Judiciary and the judicial system in Kenya.”
‘Unspecified ancestors’
Mr Kinyanjui alleged that the CJ engaged in necromancy by wearing a stud he alleged “connects him to unspecified ancestors.”
“The practice of nemocrancy is therefore very likely to impact on the discharge of the functions of the office of the Chief Justice,” he said.
The suit was filed before Justice Mutunga was sworn in.
Mr Kinyanjui wants the court to restrain Justice Mutunga from discharging his duties pending hearing and determination of the case.
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