Retired Chief Justice David Maraga has slammed President Uhuru Kenyatta yet again for failing to appoint the six judges that were among 41 juries who had been recommended by the Judicial Service Commission (JSC).
Speaking during a virtual meeting at an East African forum, Maraga explained how the Judiciary arm of government has been under constant attacks from the Executive, and the judges will always be attacked no matter the outcome of any ruling.
Maraga insisted Uhuru’s role in the process is ceremonial, and as such, he has no choice but to appoint the judges whose names he rejected.
He said that the appointing authority is the Judicial Service Commission, but that authority is, begrudged and has been the subject of serious litigation, some of which is ongoing in the appeal process.
“The courts have consistently held that the President’s role to appoint the judges is ceremonial and any refusal to do so within 14 days is unconstitutional,” Maraga said.
The event centered around the gains eroded in the Judiciary in East Africa.
Maraga referenced the current situation at the Judiciary with the annulled and Repeated 2017 General Elections where both Uhuru and Orange Democratic Movement (ODM) leader Raila castigated the Supreme Court.
He called how the four (out of seven) judges of the Supreme Court who annulled the 2017 elections were viciously attacked and intimidated (by Uhuru, who vowed to revisit the Judiciary).
He added that after dismissing a second petition filed by a civil group, it was Raila’s turn to attack the Supreme Court (after Uhuru was declared winner in a repeat election which Raila did not contest).
He asserted that the judges were cowards who bowed to intimidation and upheld Kenyatta’s re-election in the fresh poll.
On Wednesday 9, Maraga had called of Members of Parliament to impeach President Uhuru Kenyatta for failing to protect the Constitution according to his oath of office.
Speaking in an interview with KTN News, Maraga said that the country risks descending into a banana republic if the head of state continues to stay in office.
He added that it is the duty of Parliament when the President has violated the Constitution to take steps to remove him as that is the only way the country can have order.