Speaking on KTN News on Wednesday, June 9, the former CJ revealed that Uhuru’s decision was ruining the careers and lives of the judges.
In his letter, the Head of State had explained that he had rejected the judges after his team raised concerns over their conducts.
The six included Joel Ngugi and George Odunga who had been part of a bench that declared the Building Bridges Initiative (BBI) null and void. The other four were Weldon Korir, Aggrey Muchelule, Makori Evans Kiago and Judith Omange Cheruiyot.
“The thing in each person’s mind is that this fellow has integrity issues. When somebody loses a case before that judge, he will come up with allegations that this guy was bribed.
“You are literally ruining the careers of these judges and totally ruining their lives and that of their families. That is so serious that it cannot be done so casually as it has been done. That is extremely bad,” stated Maraga.
He further challenged Uhuru to swear in the judges as per protocol before lodging a complaint if he has proof that their conduct is questionable.
“There is a procedure. Swear these judges in, lodge a complaint before JSC and whoever has been appointed will be removed.
“What has happened is that these judges have been condemned unheard, in the eyes of the public, these are the corrupt judges the President was talking about,” he added.
The tussle between the judges, who had been nominated during Maraga’s regime, began two years ago when Uhuru failed to appoint them on integrity grounds.
In a rant in June 2020, Maraga accused Uhuru of being responsible for the operational crisis that rocked the judiciary at the time and hampered service delivery.
“It is important to clearly and categorically state that this shortage of judges and the near paralysis of court operations has been caused by the President. The President has persisted in his refusal despite orders in two cases requiring him to swear in those judges within 14 days,” he stated at the time.
This comes a day after former CJ Willy Mutunga wrote scathing letter to the President claiming that behaviour was beneath the dignity of the office.
The retired Chief Justice boldly told the President that his conduct in the matter amounted to pettiness.
He also disclosed that the Head of State’s refusal to Gazette the nominated judges for two years had caused suffering on the individuals.
On June 3, Kenyatta failed to appoint High Court judges who were part of a bench that declared the Building Bridges Initiative (BBI) bill null and void to the Court of Appeal.
Instead, Uhuru only appointed 34 judges that had been recommended for appointment by the Judicial Service Commission.
The President’s decision caused an uproar across the Law fraternity with Current CJ Martha Koome cautioning Uhuru against interfering with the Judiciary and disrespecting the rule of law.
“We should find a lasting solution so that moving forward, this kind of delay and misunderstanding will be a thing of the past. Respect for the rule of law and the independence of the Judiciary is guaranteed under the Constitution. No person or authority is allowed to direct the JSC or the Judiciary in the execution of their mandate,” Koome warned.