CJ David Maraga backs courts, cites leadership, and  integrity

What you need to know:

  • He spoke about the value of integrity, the independence of his office, and the fact that it should build and inspire confidence.

  • Given the challenges the Judiciary was facing, he said, his position requires an honest leader.

  • CJ Maraga refused to take questions from journalists outside the auditorium.

Chief Justice David Maraga has termed his job as “not for the faint hearted” as he promised to act independently and honestly.

In a veiled response to a letter by Jubilee Party secretary-general Raphael Tuju accusing him of “almost burning the country,” the CJ said that he is required to provide servant leadership, one he suggested he did.

“From our recent past history, it is common knowledge that some of the disputes brought to our courts involve matters of great national importance; matters which, if not carefully and, in my view, prayerfully handled, can tip the balance of national security and plunge this country into chaos and total anarchy,” Mr Maraga told a leadership workshop at Kenyatta University.

HONEST LEADER

Given the challenges the Judiciary was facing, he said, his position requires an honest leader.

He said that the cases in courts were decided only based on the law.

“For me it will not only be a travesty of justice but also a great betrayal of the trust the Kenyan people have bestowed upon me if I were to decide any case on considerations other than on the evidence presented before me and the applicable,” said the CJ.

INDEPENDENCE

While he went on and on in his written speech about the value of integrity, the independence of his office, and the fact that it should build and inspire confidence, he refused to take questions from journalists outside the auditorium.

In the letter, Mr Tuju — who has been co-opted to President Kenyatta’s Cabinet — accused CJ Maraga and the Judiciary of bias, double standards, poor leadership and impunity.

TUJU'S LETTER

“My Lord, with all due respect, may I state the following, not to provoke you but to submit that no powers can be absolute. Irresponsible actions from the Judiciary, Executive or Parliament can burn this country – and with due respect, you almost succeeded in burning the country after August 8 Elections,” Mr Tuju said in the 1,733-word letter.

The Jubilee official cites cases in which he argues the Supreme Court, and the Judiciary in general, acted as if to favour the Opposition Nasa especially in disputes after, and following the annulment of the August 8 General Election.

“Judiciary issued no statement to condemn Nasa defiance of ruling, said Mr Tuju.