High Court Judge Chacha Mwita has defended his judicial track record as he seeks elevation to the Court of Appeal, saying his decisions have always been guided by the law and the Constitution, not public pressure.
Appearing before the Judicial Service Commission (JSC) interview panel, Justice Mwita said courts have a duty to protect individual rights, but noted that public interest can, in appropriate cases, override private interests.
He maintained that it is the court alone that must determine whether a litigant is genuinely acting in the public interest, warning that the “public interest” label should not be used to shield improper motives or weak cases.
The judge also spoke on the interpretation of tax laws, stating that tax legislation is typically strict and must be applied within the confines of the law.
Justice Mwita said that before courts issue orders, they must first establish whether there has been a legal violation, even where the circumstances may be emotionally compelling.
