• He said the matter was not personal and making it seem so would allow the enemies of the Judiciary to win.
• Mutunga was testifying in a case relating to an alleged illegal strike by three Supreme Court judges in 2015 over the JSC's decision to retire two colleagues.
Former Chief Justice Willy Mutunga has said that he does not have anything personal against his former colleague Judge Njoki Ndung’u.
Mutunga was testifying in a case relating to an alleged illegal strike by three Supreme Court judges in 2015 over the JSC's decision to retire two colleagues.
Mutunga told Justice Weldon Korir on Tuesday that the case was not about him and Njoki who was his former colleague at the Supreme Court.
He said the matter was not personal and making it seem so "would be giving a way for the enemies of the Judiciary to win".
Mutunga said the case was more about justice, adding that the court would give its ruling on the issues of the Constitution raised by Njoki.
It had been alleged that judges Njoki, Ibrahim Mohammed and Jackton Ojwang went on a strike in 2015 when the Judicial Service Commission decided to send former DCJ Kalpana Rawal and Judge Philip Tunoi on retirement.
Mutunga said that the issue of quorum was brought up when the two were sent on retirement and the others were concerned about the quorum issue.
He said that he and Justice Smokin Wanjala advised their colleagues to take the route of dialogue with JSC.
The court heard that the relationship between JSC and the apex court was such that the two institutions felt they owned the Chief Justice.
“I didn’t want to be seen letting my colleagues down and it was tension, that’s why I insisted on dialogue. Dialogue was a way of dealing with the two institutions that I headed,” Mutunga said.
On Monday, Njoki testified that the issue of quorum was their concern in that meeting, saying they raised concern over the issue to retire two of their colleagues.
Njoki told the court that as a Supreme Court bench they have been facing issues of quorum for a long time.
The judge said the situation of a quorum at the apex court is serious, and has caused some of them not to take leave because of the crisis.
“Supreme Court judges don't go on leave because of the quorum issues and we have even asked the former CJ and the current CJ to look into the issue of quorum,” Njoki said.
She also said she was not able to take maternity leave in 2012 when former DCJ Nancy Barasa was removed because of lack of quorum.
She maintained that the only issue raised in the meeting was concern over two of their colleagues being unable to sit, which would lead to a quorum crisis.
The judge testified that in that confidential meeting that the former CJ Mutunga, who was the chair of the JSC, advised them to write a letter to the JSC and raise their concerns.
(Edited by V. Graham)