Chief Justice Willy Mutungs leaves office on Thursday after cultivating a love-hate relationship with the House. He is set to address the Senate on Wednesday upon a request by House leaders, just a day to his retirement after more than five years at the helm of the Judiciary.
The speech to the Senate will be the first by a judge and plans were at an advanced stage on Tuesday to make sure the event is a success.
Dr Mutunga was among the majority of Supreme Court judges who gave a favourable advisory opinion on the Senate’s involvement in the passage of the annual Division of Revenue Bills after senators challenged the National Assembly’s decision to single-handedly pass the Bill in 2013.
The National Assembly had passed the 2013 Division of Revenue Bill without sending it to the Senate, prompting senators to appeal to the highest court.
Six of the judges agreed with the senators’ argument that they should be involved, with only Justice Njoki Ndung’u disagreeing.
Since then, the National Assembly has sent subsequent Bills for consideration in the Senate before they were sent to State House for the President’s signature.
Dr Mutunga, the first CJ appointed under the new Constitution, is expected to enumerate his successes and the challenges he has faced since taking over in 2011.
“The standing orders allow the House leaders to invite someone to make an address to the House. The invitation is normally from the House, not one asking to come,” Senate Clerk Jeremiah Nyegenye told the Nation on Tuesday.
Despite Dr Mutunga’s friendly gesture in 2013, the Senate has faced harder times in the lower courts during his tenure.
Source: The Daily Nation