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| Chief Justice Willy Mutunga |
Appearing before the Parliamentary Committee on Justice and Legal
Affairs, controversial businessman Brian Yongo who claims to have been a
longtime business associate of Ahmednassir, sensationally claimed the
lawyer who is a Commiswith the Judicial Service Commission (JSC)
head-hunted and deliberately coached Mutunga prior to his appearance
before the judges vetting panel two years ago, with a view to
influencing his appointment.
“Ahmednassir Abdullahi confided in me that whilst the interviews for the Chief Justice were underway, he and senior counsel Paul Muite took the current Chief Justice, Honourable Willy Mutunga, to his (Ahmednassir’s) residence in Karen for coaching,” said Yongo who is the Managing Director of Neptune Credit Management Ltd.
The committee also heard how Ahmednassir allegedly leaked confidential National Bank of Kenya materials that led to the sacking of the Bank’s secretary Leonard Kamwiti in July this year. Kamwiti separately told the same committee he was shown the door after serving the company for over 17 years, after Ahmednassir leaked the confidential documents and sup- plied them to the Judges and the Bank chairman who happened to be his friend.
Yongo and Kamwiti appeared before the MPs as lawyers warned of a constitutional crisis should the National Assembly rush with a threat to disband the Judicial Service Commission (JSC). East African Law Society President James Mwamu warned that a rushed decision to remove the JSC from office could create a constitutional crisis. While condemning the move by JSC to “unanimously” sack former Judiciary Chief Registrar Gladys Shollei, Mwamu advised that the commissioners should be allowed to complete their full terms but be barred from renewal.
“It is a fact that the JSC handled the Shollei case in a pedestrian manner that has come to undermine the progressive reforms in the Judiciary. Our Members of Parliament should, however, handle the case with a lot of sobriety to maintain the confidence Kenyans have with the Judiciary,” he said. Mutunga was appointed the CJ after the recommendation by the JSC on May 13, 2011 to former President Mwai Kibaki.
Yesterday, Yongo claimed that during the alleged meeting by Ahmednassir and Muite to coach Mutunga for the interviews, the National Intelligence Service (NIS) had trailed Ahmednassir when he was in the company of the CJ-to-be, but were not able to get past his home gate. “Ahmednassir told me that NIS officers trailed them up to his residence in Karen, but the officers could not go beyond the gate, nor could they take photographs of the two,” he said.
In a sworn affidavit, Yongo claimed he and Ahmednassir, with whom he alleged he was a longtime friend, fell out. He added that Ahmednassir wields undue immense control over the JSC and the entire Judiciary. In the 1990s, Yongo was a staff member at Peter Simani Advocates where Ahmednassir did his pupilage.
The businessman who also claimed he was a business associate of Ahmednassir before they fell out, has alleged that the lawyer forged his pupilage documents which enabled to begin practising law. But Yongo’s pronouncements to the committee raised concerns as some MPs probed his manner of spilling out names. He was also taken to task over why it had taken him too long to reveal the information that he had forwarded to the committee.
At one point, Committee Chairman Samuel Chepkonga intervened after Mwingi North MP John Munuve exchanged heated words with Yongo. MPs Florence Kajuju ( Meru), Peter Kaluma, Augostino Neto, David Ochieng (Ugenya), Tom Kajwang (Ruaraka), Peter Kalu- ma and William Cheptumo (Baringo North), Olago Aluoch (Kisumu West) also at one time sought to know whether Yongo had a deal with Ahmednassir that had gone sour.
Poised Olago: “Why bring the complaints now when you should have done it earlier? Did he use you to obtain the illegal papers to acquire the Law degree and if you claim that he isn’t qualified, why did he represent you in 2007?” Ochieng demanded to know the relationship Yongo has had with Ahmednassir and whether there were any issues. Yongo had in the past gone to court to challenge Ahmednassir’s inclusion in the JSC, arguing that the lawyer never attended pupillage and was never issued with a certificate of com- pletion of pupillage as required by the Advocates Act.
He said: “The Chief Justice is a captive of Ahmednassir. He was coached. He (Ahmednassir) once told me that he would ensure Mutunga got the CJ job.” He urged the committee to include in its report, that Ahmednassir be thoroughly investigated with the possibility of his removal from the Roll of Advocates, Roll of Senior Counsel, revocation of his membership in the Law Society of Kenya (LSK) and dismissal from the JSC Yongo said Ahmednassir had questionable integrity and thus did not deserve to hold the said position.
Yongo at the same time stunned Members of the Committee as he also accused Ahmednassir of sexually harassing two women who sought his legal aid in their divorce cases. He alleged that Ahmednassir used his influence in JSC to harass the women in exchange for fair rulings.
“Ahmednassir Abdullahi confided in me that whilst the interviews for the Chief Justice were underway, he and senior counsel Paul Muite took the current Chief Justice, Honourable Willy Mutunga, to his (Ahmednassir’s) residence in Karen for coaching,” said Yongo who is the Managing Director of Neptune Credit Management Ltd.
The committee also heard how Ahmednassir allegedly leaked confidential National Bank of Kenya materials that led to the sacking of the Bank’s secretary Leonard Kamwiti in July this year. Kamwiti separately told the same committee he was shown the door after serving the company for over 17 years, after Ahmednassir leaked the confidential documents and sup- plied them to the Judges and the Bank chairman who happened to be his friend.
Yongo and Kamwiti appeared before the MPs as lawyers warned of a constitutional crisis should the National Assembly rush with a threat to disband the Judicial Service Commission (JSC). East African Law Society President James Mwamu warned that a rushed decision to remove the JSC from office could create a constitutional crisis. While condemning the move by JSC to “unanimously” sack former Judiciary Chief Registrar Gladys Shollei, Mwamu advised that the commissioners should be allowed to complete their full terms but be barred from renewal.
“It is a fact that the JSC handled the Shollei case in a pedestrian manner that has come to undermine the progressive reforms in the Judiciary. Our Members of Parliament should, however, handle the case with a lot of sobriety to maintain the confidence Kenyans have with the Judiciary,” he said. Mutunga was appointed the CJ after the recommendation by the JSC on May 13, 2011 to former President Mwai Kibaki.
Yesterday, Yongo claimed that during the alleged meeting by Ahmednassir and Muite to coach Mutunga for the interviews, the National Intelligence Service (NIS) had trailed Ahmednassir when he was in the company of the CJ-to-be, but were not able to get past his home gate. “Ahmednassir told me that NIS officers trailed them up to his residence in Karen, but the officers could not go beyond the gate, nor could they take photographs of the two,” he said.
In a sworn affidavit, Yongo claimed he and Ahmednassir, with whom he alleged he was a longtime friend, fell out. He added that Ahmednassir wields undue immense control over the JSC and the entire Judiciary. In the 1990s, Yongo was a staff member at Peter Simani Advocates where Ahmednassir did his pupilage.
The businessman who also claimed he was a business associate of Ahmednassir before they fell out, has alleged that the lawyer forged his pupilage documents which enabled to begin practising law. But Yongo’s pronouncements to the committee raised concerns as some MPs probed his manner of spilling out names. He was also taken to task over why it had taken him too long to reveal the information that he had forwarded to the committee.
At one point, Committee Chairman Samuel Chepkonga intervened after Mwingi North MP John Munuve exchanged heated words with Yongo. MPs Florence Kajuju ( Meru), Peter Kaluma, Augostino Neto, David Ochieng (Ugenya), Tom Kajwang (Ruaraka), Peter Kalu- ma and William Cheptumo (Baringo North), Olago Aluoch (Kisumu West) also at one time sought to know whether Yongo had a deal with Ahmednassir that had gone sour.
Poised Olago: “Why bring the complaints now when you should have done it earlier? Did he use you to obtain the illegal papers to acquire the Law degree and if you claim that he isn’t qualified, why did he represent you in 2007?” Ochieng demanded to know the relationship Yongo has had with Ahmednassir and whether there were any issues. Yongo had in the past gone to court to challenge Ahmednassir’s inclusion in the JSC, arguing that the lawyer never attended pupillage and was never issued with a certificate of com- pletion of pupillage as required by the Advocates Act.
He said: “The Chief Justice is a captive of Ahmednassir. He was coached. He (Ahmednassir) once told me that he would ensure Mutunga got the CJ job.” He urged the committee to include in its report, that Ahmednassir be thoroughly investigated with the possibility of his removal from the Roll of Advocates, Roll of Senior Counsel, revocation of his membership in the Law Society of Kenya (LSK) and dismissal from the JSC Yongo said Ahmednassir had questionable integrity and thus did not deserve to hold the said position.
Yongo at the same time stunned Members of the Committee as he also accused Ahmednassir of sexually harassing two women who sought his legal aid in their divorce cases. He alleged that Ahmednassir used his influence in JSC to harass the women in exchange for fair rulings.
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