Chief Justice Willy Mutunga. PHOTO/ FILE

Chief Justice Willy Mutunga on Monday told Prime Minister Raila Odinga to keep off the Judiciary and respect court rulings.
Dr Mutunga said it was wrong for Mr Odinga to refer to the January 13 Constitutional Court ruling on the date of the General Election as “fake” for failing to give precise date for the polls.
A three-judge bench comprising Justices Isaac Lenaola, Mumbi Ngugi and David Majanja ruled that the elections could be held within 60 days of the expiry of term of Parliament on January 15 or this year if the two principals dissolve the coalition government in writing.
Mr Odinga dismissed the ruling at the weekend shortly after the Independent Electoral and Boundaries Commission (IEBC) said the elections would be held on March 4, 2013.
Speaking in Kisii, Mr Odinga said the IEBC was interpreting a decision by “korti ya bandia” (fake or kangaroo court).
“Such unprovoked utterances are as unfortunate as they are unacceptable. They reek of Executive impunity and have no place in properly functioning democracy,” Dr Mutunga said.
He urged leaders to be conscious of the “heavy ramifications” their statements could have on the country.
“Mr Odinga is the Prime Minister of the Republic of Kenya. As a creature of the law, he is a critical and fundamental arm of the Executive. He must be aware that he bears a duty to uphold and protect the independence of the Judiciary as required by the Constitution-especially in instances where he is unhappy with its decisions,” he said.
He said the IEBC is mandated to interpret both the Constitution and the decisions of the Constitutional Court to carry out its mandate under the law. “Those who believe the decisions are wrong can seek redress in a court of law,” the CJ said.
The CJ, however, described the debate over the elections date as healthy but said it must be conducted with civility and within the margins of the law. “The law and the Constitution anticipate such disagreement and creates avenues of appeal to resolve them amicably.”
He added: “Nowhere is it acceptable to disparage the courts through name-calling and utterances that seek to undermine their authority. It is therefore, distressing that individuals who bear a special responsibility to uphold the Constitution because of their leadership role would appear to vilify the courts.”
Meanwhile, President Kibaki and Mr Odinga have never met to discuss the dissolution of the coalition government to set the stage for an election date, it emerged on Monday.
Sources said the President rejected an attempt by the PM to have the matter discussed in the Cabinet on grounds that the court had already ruled on the issue.
It also emerged that the government was yet to decide on whether to withdraw the Bill seeking to amend the Constitution and fix the election date on the third Monday of December in the fifth year.
Justice and Constitutional Affairs minister Mutula Kilonzo confirmed that the matter arose during the February 16 Cabinet meeting.