Judiciary: ‘Executive disrespecting court orders, trying to control us’
Saturday June 13 2020
Chief Justice David Maraga’s complaints sparked condemnation of President Kenyatta’s administration by civil society groups for undermining independent constitutional institutions. PHOTO | FILE | NMG
Kenya’s Chief Justice David Maraga publicly accused President Uhuru Kenyatta of trying to control the Judiciary and disrespecting court orders.
Justice Maraga in a statement read on June 8 made a withering attack on President Kenyatta for refusing to appoint 41 additional judges and snubbing requests for a meeting to discuss a dispute that has strained the relationship between the executive and judiciary for the past eight months.
The Chief Justice also publicly criticised a presidential order he interpreted as subordinating the Judiciary to the Executive.
A devout Adventist, Justice Maraga is popular with a large section of Kenyans because of his willingness to stand up to the Executive and perceived intolerance for corruption.
His latest complaints have sparked condemnation of President Kenyatta’s administration by civil society groups for undermining independent constitutional institutions.
The fiercest criticism has come from the Law Society of Kenya president, Nelson Havi, who has called on Parliament to impeach the president for undermining the rule of law.
President Kenyatta has yet to personally respond to Justice Maraga’s accusations. But, Attorney-General Kihara Kariuki on June 10 defended the president saying he had acted within his powers in declining to appoint the 41 names recommended to him by the Judicial Service Commission (JSC) — the judges and magistrates’ employer — last October.
AG Kariuki, himself a former judge who was head of the Appeals Court at the time of his appointment in 2018, accused his former boss of engaging in personalised attacks against the president, whipping up public emotions and prejudicing cases that may end up before him at the Supreme Court.
He maintained that his office intends to appeal High Court judgments that directed the president to appoint the nominees as judges without making any alterations to the JSC list.
Head of Public Service Joseph Kinyua testified in court that President Kenyatta had withheld the appointments because of integrity questions raised about some nominees in an intelligence brief.
The list includes serving judges who were to be promoted to the Court of Appeal bench.
However, the president’s decision is widely believed to be influenced by a lingering personal grudge against the Judiciary following the unprecedented nullification of his election victory by the Supreme Court in September 2017.
Addressing his supporters at a public rally in Nairobi shortly after the Supreme Court decision, he labelled the judges as crooks and warned of unspecified consequences.
The Chief Justice has in the past complained of deep cuts to the Judiciary budget, which have frustrated efforts to hire more judges and magistrates, build more courts and clear a backlog that stood at more than 460,000 cases by February.
More recently, the courts have had to endure public criticism from the president for allegedly undermining his administration’s fight against corruption by issuing lenient bond or bail terms to suspects.
The renewed tensions between the president and Justice Maraga have also put the spotlight on the JSC at a time when the judiciary is preparing for a major leadership change.
The Chief Justice is due to retire by January 2021, necessitating the recruitment of a successor and creating another vacancy at the Supreme Court.
The seven-member court, twice called upon to settle presidential election petitions since it was constituted in 2011, currently has a vacancy following the retirement of Justice Jackton Ojwang’ in February.
As the judges’ employer, the JSC is expected to manage the transition.
The bitter exchange witnessed last week between the Attorney-General and the Chief Justice, the two senior members of the JSC, suggests that the commission is approaching what is perhaps its most challenging job divided.
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TENSE RELATIONS
The Chief Justice has in the past complained of deep cuts to the Judiciary budget, which have frustrated efforts to hire more judges and magistrates, build more courts and clear a backlog that stood at more than 460,000 cases by February.
More recently, the courts have had to endure public criticism from the president for allegedly undermining his administration’s fight against corruption by issuing lenient bond or bail terms to suspects.
The renewed tensions have also put the spotlight on the JSC at a time when the judiciary is preparing for a major leadership change.