The search for Mutunga Succession continued today with Professor Makau Mutua appearing before the Judicial Service Commission (JSC).
It was a battle of knowledge at the Chief Justice interviews when permissible colossi Professor Githu Muigai met activist Professor Makau Mutua.
The Legal Scholar was put on task to explain how he would collaborate and work with the president yet he had clearly pointed it out, through his tweet, that he would not recognize Kenyatta as president.
The professor was quick in responding telling the commission that it was not Chief Justice who sent that tweet, it was a citizen.
“When I was speaking in this context, I was speaking as a private citizen. People disagree and dissent. Our principle is based upon the principle of dissent. If I was appointed Chief Justice, I would have no problem working with Mr. Kenyatta,” he told the commission.
“I can express myself and dissent or disagree. It’s a democracy. It was not personal, it was the circumstance on how he came to power. Conscience is important.”
“I have never said that Kenyatta was not declared President and confirmed by the Supreme Court of Kenya; I have said I disagree with the court. If I was sitting in the court, maybe I would have dissented. Would I have been unfit to serve then?”
“I was a frequent commentator of the ICC cases, my view was individuals who are charged with crimes against humanity should not offer themselves for office of President or Deputy, which was my view. It was at that time that I offered myself in a tweet and Professor Muigai, I believe you are on twitter, and what I said was I will not recognise Mr. Kenyatta as the President of Kenya, I can’t and I won’t, that was my tweet,” stated Mutua.
Dual citizenship, paying taxes among other issues were also raised over the candidature of Makau as it emerged he hadn’t paid any taxes to the government of Kenya and that he is also an American citizen.
Mutua however said that despite being a dual citizenship holder, he would give up US citizenship so that he can concentrate on his work as CJ if appointed.
On taxes, Mutua said that he does not pay taxes to Kenya for he is taxed globally through the United States tax scheme, and proudly said he considered himself a global citittzen.