BY SAM ALFAN.
Chief Justice David Maraga has hit out at President Uhuru Kenyatta and his administration saying he was undermining the rule of law.
In a scathing attack to Kenyatta, Maraga said the government cannot demand of its citizens the obedience of the law, if those in authority were disobeying court orders with abandon.
“It greatly undermines the rule of law for the government to act in defiance of court orders and this pattern puts at great risk our constitutional democracy because it risks the contagion of lawlessness,” said Maraga.
The CJ urged the President to demonstrate respect for the rule of law by complying with court orders, reminding him that he swore to defend and uphold the Constitution and the laws of Kenya.
He cited the President’s failure to swear in 41 judges as recommended by Judicial Service Commission, a matter that ended up in court. “The Constitution, as the two multi-judge Court cases held, requires you to appoint Judges recommended to you by the JSC which you have refused to do. The laws of this country include valid court orders. It therefore behoves you to appoint the 41 persons recommended for appointment by the JSC as ordered by the Court without any further delay,” added Maraga.
The Chief Justice further said the government has willfully neglected to settle dozens of court decrees issued by various courts against the government.
These court decrees, he said, amount to almost Sh1 billion by conservative estimates and many of these decrees arise from personal injury claims by victims of road traffic accidents caused by government vehicles.
“In some of these cases, the victims have suffered paraplegic injuries. Yet, the Government has failed to settle these decrees because they cannot afford to pay for nursing care, some are carried out by their grandchildren to busk in the sun but at times forgotten there to be rained on. Attempts to compel the accounting officers in the relevant Ministries are always rebuffed with the contemptuous “Uta Do” attitude,” said Maraga.
An agitated Maraga asked how can we expect God to bless our nation when we are so callous to the most desperate in our society.
He added there are many other Court decrees and orders which require the assistance of the Police to execute which have been neglected or disobeyed. As a result, many decree holders are unable to realise the fruits of the judgments in their favour.
“Besides the Court Orders, I have challenged the Executive to table before the JSC the alleged information of lack of integrity it has against some of the 41 nominees. Some of the individuals the Executive claims to have adverse information against are serving judges. If the Executive’s allegations are true, these persons should not, then, be serving as judges. However, no evidence whatsoever was availed to the JSC both during the interviewing process and after,” he said.
The CJ said for a long time now, he has unsuccessfully sought an appointment with the president to discuss the issue with him leaving the CJ with no option but to raise the matter through this public statement. “It will be dereliction of my duty if I do not raise Wanjiku’s agonies in my domain. At least let her know that I share in her frustrations,” he said.
