Africa-Press – Kenya. Former Chief Justice (CJ) David Maraga escalated his row with President Uhuru Kenyatta and ODM leader Raila Odinga in his latest address to East African judicial service officials.
The event centred around the gains eroded in the Judiciary in East Africa.
Maraga lamented that the Judiciary, currently under CJ Martha Koome – was at a crossroad as they were facing one of the toughest battles – fighting for their independence.
While speaking virtually on Thursday, June 17, Maraga stated that the judges will always be attacked no matter the outcome of any ruling.
“Indeed you are damned if you do and damned if you don’t,” Maraga stated.
He referenced the annulled and Repeat 2017 General Elections where both Uhuru and Raila castigated the Supreme Court.
“Where the four (out of seven) judges of the Supreme Court who annulled the 2017 elections were viciously attacked and intimidated (by Uhuru who vowed to revisit the Judiciary).
“After dismissing a second petition filed by a civil group, it was Raila’s turn to attack the Supreme Court (after Uhuru was declared winner in a repeat election which Raila didn’t contest). He asserted that the judges were cowards who bowed to intimidation and upheld Kenyatta’s re-election in the fresh poll,” Maraga recalled.
He also touched on the current row between the Judiciary and the Executive where Uhuru declined to appoint six judges who he accused of having integrity issues.
Maraga reiterated that the appointing authority is the Judicial Service Commission (JSC) which has been the subject of litigations.
“Courts have consistently held that Uhuru’s role in the appointment of judges is ceremonial and any refusal to appoint within 14 days all nominees submitted to him is unconstitutional,” he insisted.
Maraga voiced his concerns despite facing backlash from the Maendeleo ya Wanawake Organisation which had argued that Maraga was interfering with the duties of current CJ Koome.
The lobby group lamented that Maraga and his predecessor Willy Mutunga bypassed Koome to impose their own legal philosophy and interpretation of the Constitution when they demanded Uhuru appoints the six judges lest he is impeached.
