By Lauryne Akoth
The Judicial Service Commission (JSC) kick-started interviews on Wednesday for the positions of Judges of the High Court.
Six candidates were interviewed today including Mr. Alexander Muasya Muteti, who had the opportunity to respond to claims presented by former LSK president Nelson Havi. Havi had penned a letter to the Chief Justice requesting the revocation of two candidates; Macharia Njeru and Alexander Muteti.
In the letter, he questioned Muteti’s suitability to hold office, following his blemished record during his tenure in the office of the ODPP as well as his alcoholism.
Havi accused Muteti of violating the Bill of Rights, following the unlawful recommendation of arrest and prosecution of Professor Tom Ojienda, Hon.Edgar Kagoni Matsigulu, and Hon. Lady Justice Philomena Mwilu.
When asked to comment on the matter during his interview, Muteti accused Havi of being malicious stating that he did not advise the police to arrest or recommend prosecution on the three matters. He clapped back at Havi for labelling him an alcoholic yet he also partakes.
“I used to take alcohol but I am surprised Mr. Havi who happens to be my friend does not know I stopped taking alcohol over a year ago. Common prudence would dictate that before you make such a monumental accusation, one would inquire from friends and colleagues that I interact with daily.” Said muteti.
He went ahead to state that he had been clean for a year and despite him taking alcohol at the time, it did not hinder him from performing his duties. ” The holier-than though attitude that you find in the tenor and language of that letter surprises me. Mr Havi himself takes alcohol and it is a matter of public record.” He retaliated.
Muteti implored the commission to safeguard him per Article 236 of the constitution, which shields public officers from discrimination based on the execution of their duties.
“In light of provisions of article 236 of the constitution which protects public officers from discrimination on account of the performance of their duties, kindly protect me. Otherwise, you will never recruit a prosecutor in this country. Prosecutors do not serve cake and ale, they make decisions that cause pain.”
He pleaded with the commission not to condemn public officers for fulfilling their responsibilities. He concluded by indicating that he had been awarded the title of Best Public Prosecutor of the Year twice, in 2021 and 2023, by the Nairobi Law Society, of which Havi is a member, without any objections being raised by the latter.