Former Chief Justice David Maraga has also come out to disapprove of President Uhuru Kenyatta’s decision to reject the names of 6 appointees as judges.
Maraga joins the list of individuals who have publicly criticized the head of state for rejecting the appointment of the 6 justices nominated by the Judicial Service Commission (JSC).
He said that the president’s failure to appoint the 6 judges undermined the rule of law.
Speaking to local television on Wednesday, Maraga said that his remembrance of Uhuru's tenure in office will be of him as the president who disregarded the rule of the law.
The ex-CJ also reminded the president that his mandate is limited to appointing the judges and raise any integrity-related issues 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.
David Maraga and Uhuru Kenyatta. PHOTO/COURTESY
Maraga also said that the appointees have been publicly condemned even though they have not been given the opportunity to be heard neither have the intelligence reports relating to the alleged integrity issues been made public.
According to Maraga, the Intelligence bodies do not have the mandate to appoint judges and as such, the report they handed to the president had no bearing in the appointment process and he challenged the president to table the report to the JSC
“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,”
He cautioned that should the trend and people did not talk about it; the country is likely to become politically unstable and becoming anarchy.
Maraga also revealed that had tried to resolve the breach between the Judiciary and the Executive branches of the government however, his attempts were futile.
“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,” Maraga added.
He acknowledged Willy Mutunga for being outright and outspoken in his letter to the president on the matter.