A sample of Justice Maraga’s court rulings

Justice David Maraga

Chief Justice nominee, David Maraga has been involved in a number of court rulings that struck many for their 'Solomonic' wisdom.

From ruling that treasury pay retired teachers to saving an 81-year-old man from the hangman's noose..

In 2008,Justice Maraga set pace for retired teachers to demand Sh42.3 billion in pension arrears from their former employer, Teachers Service Commission.

The former teachers sued the commission in 2006, claiming unpaid lump-sum salary increments and accrued pension from July 1997, insisting that a 1997 salary increment covered them too.

Judge Maraga ruled in favour of the teachers in October 23, 2008. He ruled that all retired teachers covered by the 1997 pay agreement were entitled to revised retirement benefits.

Justice Maraga was in a bench of three judges who revoked a single digital license that had been issued by Government to Pan-African Network Group and national broadcaster KBC's subsidiary, Signet.

The decision by the State would have left Kenya's media houses at the mercies of the Chinese owned firm.

In 2012, a five-judge bench led by Justice David Maraga overturned a ruling by High Court judge Mohamed Ibrahim in 2010 that Kenyan courts did not have powers to try piracy cases.

The ruling had crippled the country's ability to deal with Somali Pirates who had wrecked havoc at the Kenya- Somalia Ocean.

In another case Justice Maraga was in a bench of three judges who saved an 81-year-old man from a death sentence.

The aged man had been convicted to hang for killing his younger brother who referred to him as a dog.

In another case whose ruling Justice Magara participated in, the Appeal court set free a woman who beat to death her 14-year-old daughter with a bicycle chain for eloping with her boyfriend.

The woman and her friend had been jailed for 10 years for manslaughter but the Appeal Court forgave them, saying they were first offenders and single parents, who had other children who needed their care.

Judges David Maraga, Agnes Murgor and Daniel Musinga ruled that Rose Kwamboka and Gladys Nyakara's intentions were good but done in excess, noting that hers was a case of an over-protective mother and her friend, who, in seeking to discipline a child, beat her to death.

"The facts of the case were such that the appellants' actions were well intended, but for the excessive beating," they ruled.

The 'care' that went wrong, they ruled, could not be the basis of denying the other children their parents' attention and care.