Professor Makau Mutua has defended a tweet he wrote in 2014 saying he will have no problem working with President Uhuru Kenyatta if appointed Chief Justice.
The tweet that came after Uhuru was declared President read: "As a matter of my freedom of conscience and thought, I can't accept Uhuru Kenyatta as President of Kenya. I can't and won't."
He told the Judicial Service Commission panel on Wednesday that the tweet was his personal view as a citizen.
"I never said Uhuru is not fit to serve. I dissented with the Supreme Court decision.
My view was that ICC suspects should not offer themselves to vie for office," he said.
Mutua was also quick to add that "Uhuru
is a likable guy but people should be free to state what is on their mind."
He said as CJ, there will be a difference between 'citizen Makau Mutua', who has a right to dissent, and "Chief Justice Makau Mutua".
"I regard the CJ's job as one to lead, inspire, provide vision for the Judiciary.
I don't regard the CJ's job as that of a legal mechanic,
I regard it as that of a judicial leader.
Mutua further noted that his interest as a lawyer has not been courtroom experience but the relationship between the state and the individual.
"We teach and train our students as lawyers to perform many functions in society.
Knowledge is not mechanical and I am
very proud of my legal experience," he said.
The professor became a subject of interest following the rejection of his application for the CJ position despite a bulky 85-page resume.
Most of the document contained
academic work- publications, papers, articles, books and seminars. His education background only takes a few paragraphs.
Articles, book chapters and reviews devoured seven pages of the CV while reports and policy documents knocked off two other pages.
The JSC has
, including trained lawyer and carpenter Paul Udoto who bowed out because he did not meet the minimum qualifications.
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Supreme Court judge Jackton Ojwang will be interviewed last on Thursday.
The last seven candidates had been locked out of the race but were reconsidered following a court order.
Those who have been interviewed include High Court judge Msagah Mbogholi, Appellate judge Alnashir Visram and lawyer Nzamba Kitonga.
Others are Supreme Court judge Smokin Wanjala, justice David Maraga, former anti-graft czar Aaron Ringera and lawyer Daniel Wambura.
The JSC will take a break of about two weeks after interviewing Justice Ojwang’, before embarking on interviews for the position of Deputy Chief Justice.
Some 16 candidates have been lined up for the interviews. David Waihiga is the only man in the list.
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