BY THOMAS KARIUKI
The Government has accused the President of the Judiciary of not disclosing sources of his facts and the accuracy of the claims he made against President Uhuru Kenyatta’s Government.
Attorney General Paul Kihara speaking on behalf of President Kenyatta’s government defended it saying that the Executive has always and remained committed to implementing all court orders, to the extent lawfully practicable, save for instances where there are appropriate stay orders and pending appeals.
The all out war pitting the Executive and Judiciary threatens to disrupt and scuttle administration of justice as expressed by Senator Mutula Kilonzo who is also an advocate.
The Makueni Senator said that the AG and CJ must find a better way to communicate their displeasure as members of Judicial Service Commision.
“The rancor exhibited so far is not helpful to the administration of Justice”, he said.
Mr Kihara formerly President of the Court of Appeal added that in most cases, delays in paying decretal sums are occasioned by delays in determining appeals, many of which are still pending before various courts.
AG Kihara blamed Chief Justice David Maraga, who made the scathing attack on government on Monday, of breaching established norms of government and direct lines of communication that exist between the offices of CJ, AG and the President.
In the attack directed at President Kenyatta, Justice Maraga accused the Executive of failing to settle claims arising from court cases, amounting to Sh1 billion.
The CJ said many of the decrees arise from personal injury claims by victims of road accidents, caused by government vehicles.
He added that attempts to compel the accounting officers in the relevant ministries are always rebuffed with contemptuous “Uta do” (what will you do) attitude.
“How can we expect God to bless our nation when we are so callous to the most desperate in our society?” he posed.
The CJ also cited the failure of President Kenyatta to swear in some 41 judges as recommended by the Judicial Service Commission (JSC).
He said the shortage of judges and the near paralysis of court operations has been caused by failure by President Kenyatta to swear in the Judges since July 2019.
Justice Maraga said the President said he refused to swear them because some had integrity issues and that he was consulting with relevant state organs with a view to taking appropriate legal and administrative action, including a review of the JSC recommendations.
However, he added, the argument was rejected by the court stating that the appointment of judges is not subject to review, reconsideration or second-guessing by the President. The court gave the President 14 days to swear them in.
The CJ said the disregard of the court orders does not bode well for the constitutional democracy and is, potentially a recipe for anarchy.
Kariuki said the CJ was setting tone for judges and magistrate over matters that are either currently or would in the near future, end up before courts, for determination.
“As a judge of the Supreme Court, the CJ is also revealing his disposition and prejudices over certain constitutional and legal issues that may end up before the Supreme Court for determination,” AG Justice Kihara said.