Chief Justice Willy Mutunga has leaped into the defense of Professor David Ndii whose article in the Daily Nation a fortnight ago created a national debate on the state of our Kenya, and taking the position that time has come for tribes to self determine. In a message aimed at Professor Kagwanja , whose rejoinder to Ndii’s article noted that such an argument bordered on treason, the chief justice, himself an intellectual who suffered affliction and detention during Kenya’s quest for democracy in the 80’s and 90’s, noted the following on his tweeter account:
“I have just read professor Kagwanja’s piece in today’s edition of the Sunday nation at page 31. He writes: “a tiny but vociferous group of increasingly radicalized Kenyan intellectuals and activists poses a deeper existential threat to the country perhaps than even the Al-Shabaab extremists.”
Professor Kagwanja also calls professor Ndii’s article treasonous.
Professor Kagwanja’s piece has painfully reminded me of intellectuals in the 1970’s and 1980’s who wrote threatening pieces to silence others. They used the Cold War specter of communism to subvert academic freedom of other intellectuals. Detention of intellectuals followed and academy has not fully recovered from this intellectual trauma
I believe professor Kagwanja knows that our constitution had ended the scholarship of intellectual thuggery. Freedom of expression and thought are jewels in our constitutional crown. It is under our constitution that freedom of speech cannot be neither intimidated nor subverted”