Duale told a joint sitting of the Justice and
Legal Affairs Committee and Constitution
Implementation Oversight Committee that CJ
who is expected to retire on Thursday “has done
so little to be praised for.”
The Garissa Township MP said that he would
have barred him from addressing the National
Assembly.
“I am told he is coming to address the Senate, I
am very happy because if I had the power, I
would not allow him to address the National
Assembly because there is nothing that he has
done,” he said.
Duale cited the ruling of the 2013 presidential
petition as a case where “he failed Kenyans.”
“The issue of the Chief Justice just saying the
case has been lost and releasing the
explanation later is among his shortcomings.
There was nothing wrong to say that day, I
mean why did he have to give a five minute
ruling, yet he had the reason right there but
because of his usual shortcomings I think he
failed the nation.” Duale added.
CJ Mutunga who is also the President of the
Supreme Court will be stepping down one year
before his term ends in June 2017.
Mutunga who turns 69 on June 16, announced
he would be leaving early in order to avert a
constitutional crisis come next year.
Mutunga was appointed in June 2011 and has
overseen a number of reforms in the Judiciary.
Parliament and the Judiciary have enjoyed a
relatively constrained relationship especially
with regard to the Embu Governor Martin
Wambora affair in which a High Court ruling
effectively put on hold a Senate decision to
impeach him.
In 2014, Senators lashed out at the Judiciary
over what they termed as numerous injunctions
to bar the House from discharging its
constitutional mandate.
Makueni County Assembly had passed a motion
to impeach Governor Kivutha Kibwana but High
Court barred the Senate from receiving the
ouster request.
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