Former Chief Justice David Maraga has criticized President Uhuru Kenyatta for failing to appoint six Judges out of 40 who were nominated by the Judicial Service Commission (JSC).
During an interview on KTN television on Wednesday, June 9, 2021, Maraga stated that he will remember Uhuru as a president who disregarded the rule of law.
The former Chief Justice stated that the Head of State’s sole responsibility was to appoint judges and then discuss any issues of integrity with the JSC.
“Article 166 (1b) of the Kenyan law states that the President shall appoint all the Judges in accordance with the recommendations of the JSC subject to the approval by the National Assembly (in the case of the Chief Justice and the Deputy Chief Justice. ) ” Maraga said.
The former Chief Justice claimed that despite the fact that the Head of State had objections over the six Judges, he still wouldn’t reveal the nature of the integrity concerns.
“These judges have been condemned unheard, in the eyes of the public, these are the corrupt judges the President was talking about,” he said. “The president cannot come and say he has intelligence reports that these people have integrity issues and expect that we take his word for it.” Maraga stated.
Whether the president had received intelligence reports or not, according to Maraga, the intelligence services do not have the authority to nominate judges.
“The constitution has not given the intelligence bodies the mandate to appoint to the judges, bring that intelligence report to the JSC, once the recommendations have been made the JSC cannot recall those names,” the former CJ said.
The ex-Chief Justice claimed that he had attempted to meet with the president in order to resolve the differences between the two arms of government, but that his request had been denied.
“I requested the President to call the speakers and myself so that we can see how to deal with administrative matters on the interdependence of the 3 arms of government, the President refused. What was I expected to do?” he posed.
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