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Chief Justice emeritus Willy Mutunga on Monday, January 13, 2025, admonished Dagoretti North Member of Parliament Beatrice Elachi following her remarks at a church service where President William Ruto was present.

Elachi reprimanded Kenya Kwanza government critics asking them to leave the nation if they felt it was not a good country.

“Those coming (foreigners) say Kenya is a good country…. but Kenyans are there complaining and not going away. If Kenya is bad why not leave, what are you doing here at a bad place, disappear. If you can not leave then know this is your country and there is nowhere else you can go,” Elachi stated.

Her sentiments sparked mixed reactions from Kenyans with the former CJ joining in to reprimand the lawmaker.

In a short social media statement, Willy Mutunga described Elachi’s remarks as arrogance of power.

The former Chief Justice went on to detail that Elachi’s comments were a deliberate attempt to infringe on the rights of the citizens to express themselves freely as enshrined in the 2010 promulgated constitution.

While rebuking the former Nairobi Assembly Speaker Elachi, Willy Mutunga made it clear that Kenyans were ready to resist any attempts to curtail their freedoms and rights.

“Kenya is a Motherland for all Kenyans. This arrogance of power, expressed in utter contempt of our rights, must be resisted at all costs,” Willy Mutunga who has been at the forefront in protecting the rights of the citizens stated.

Respect the president

Elachi made the remark while calling on young people to respect President William Ruto. The Dagoretti North Member of Parliament raised alarm indicating that Ruto had been subjected to all manner of insults from Kenyans.

She argued that foreigners were dismayed about how Kenyans were treating the leaders.

“We must respect the president; he is our father. When you go abroad they wonder which country we come from,” Elachi said.

“If you go to Dar Es Salam they say Kenyans insult their leaders…they are coming to ruin our country. Where will you go? Let us respect the President.”

The narrative around respecting leaders was introduced by Ruto who pointed an accusing finger at the young people for irresponsible use of social media.

Other leaders joined the bandwagon with Interior Cabinet Secretary Kipchumba Murkomen vowing to prosecute those who misuse social media.

Willy Mutunga however, castigated Murkomen insisting that there is no law okaying that type of prosecution.

Which law punishes misuse of social media? And if it exists is aligned to the Constitution?

— Dr Willy M Mutunga, Chief Justice, Kenya (2011-16) (@WMutunga) January 12, 2025