The Jubilee Party has accused the Judiciary of being controlled by National Super Alliance (NASA) and making decisions based on ethnic inclinations.
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In a letter dated February 9th from Jubilee Party Secretary General Raphael Tuju to Chief Justice David Maraga, the party alleges open bias against Jubilee in the run up to the August 8, 2017 election. A judiciary stamp indicates it was received on February 23, 2018.
“We were in the middle of an election cycle and we decided to let things cool down and grant the Judiciary space despite the several cases of which were perceived as open bias,” Tuju writes.
Tuju further accuses the Judiciary of almost succeeding in burning the Country after the August 8, 2017 elections claiming the decision to nullify the election of President Uhuru Kenyatta was the biggest indictment of the Supreme Court.
“When the Supreme Court ruled to nullify the August 8 elections with the argument that process was just as or even more important than the numbers, we disagreed. It was a ruling that has no precedent in the world and even the Commonwealth where our legal system borrows from,” reads part of the letter.
It added, “Two of your Supreme Court judges articulated their dissent. Since then, lower courts have ignored the precedent that you set by that ruling and are throwing out election petitions with the argument that is converse to the basis of your nullification of the August 8 election”.
Tuju mentioned eight cases in trying to justify his claim that the Judiciary was being controlled by opposition-sympathetic judges and those whose loyalty was first to the tribe and not to the law and principle of fairness.
In August 1, 2017 Tuju had written to Maraga over concern of recently transferred High Court judge Odunga's relationship with NASA chief polls agent James Orengo, asking that he be removed from all August 8 election cases.
"It was recently revealed that Justice Odunga is related to Siaya Senator James Orengo yet the judge has presided over numerous cases where Orengo is retained as advocate," the letter said.
Chief Justice Maraga however came to the defence of Justice Odunga saying the Judicial Service Commission and Judiciary would not be cowed by intimidation.
Tuju has revisited this claim in the new letter maintaining the Chief Justice chose to defend Odunga without investigations being done to validate the claims.
Jubilee has further claimed the Judiciary is fast-tracking cases that are seen to favour the opposition.
“In Petition No. 4 of 2017 Njonjo Mue and Khelef Khalifa, (known surrogates of NASA) seeking to stop the October 26 poll was certified as urgent and the Chief Justice directed it to be heard the following day at 10am despite being a public holiday,” the letter read.
“To any rational observer, it is the kind of fast-tracking that you can only get in this country ‘when you know people,’” goes the letter.
The letter also raises concern about human rights activist Okiya Omutata who has recently filled cases against alleged oppression by the Government.
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“Your court has found it in order to grant many of Okiya Omutata prayers exparte and with utmost urgency and anticipatory bonds to NASA leadership after the illegal act of swearing-in so the so called ‘people’s president’” Tuju says.