Former top judge Maraga needs a sixth sense

United Green Movement presidential aspirant David Maraga addresses the media in Kisumu during young aspirants training on January 22, 2026. [Olivia Odhiambo, Standard] People's Liberation Party leader Martha Karua is pretty much known for her clarity of thought. When she was enigma Raila Odinga's running mate in 2022, Kenya felt closest to its Angela Merkel moment. But even after failing to clinch the deputy presidency, Ms Karua's approval ratings have remained quite high in a patriarchal society that denigrates women and has no qualms about it. Reacting on the International Women's Day last Sunday, the 'Iron lady' made a statement on affirmative action that should keep us awake. She says the more things change, the more they remain the same. Ms Karua is frustrated that during the Kanu era, the question was whether a woman could be elected to Parliament. Thirty years later, the discussion has simply shifted to whether a woman can become president of Kenya. To her, it reflects a retrograde society that still doubts women's abilities. Come to think of it, the two-thirds gender rule which stipulates that no more than two-thirds of members of elective or appointive bodies should be of the same gender remains elusive despite being a positive creation of the law. By the way, our Constitution is among the best this side of the Sahara. Up till now, the gender rule's apparent collapse doesn't mean there haven't been attempts to implement it. In September 2020, an indefatigable Chief Justice David Maraga advised President Uhuru Kenyatta to dissolve Parliament after MPs failed to enact legislation to operationalise it. His recommendation was never acted upon by the 'handshake' regime for obvious political reasons. When CJ Maraga wrote that particular no-holds-barred gender advisory to President Kenyatta, many questioned his guts. Critics claimed the Chief Justice was overstretching his luck and biting off more than he could chew. Jubilee zealots and keyboard worriers dismissed him as a passing cloud. Around that same time, the good judge had run-ins with the government over intimidation and meagre resource allocation to the Judiciary. He was also the same daring man who annulled Mr Kenyatta's controversial victory in 2017, earning the Supreme Court the tag 'Wakora' judges. Even when the regime loathed him, Justice Maraga kept the wheels of justice running. At one point, he was involved in a grisly accident, but it didn't kill his resolve to serve the country. Unlike the 'eating' and wheeler-dealing learned friends, the judge retired in January 2021 unblemished. Still after hanging his boots, the staunch Adventist from Gusii land did the honour of chairing a government taskforce on police reforms that examined challenges within our security sector and made sweeping recommendations. What better way can a citizen serve his nation? But today, the Chief Justice Emeritus is charting an obstinate path. He is swimming with the sharks in politics. The man is crisscrossing the country in pursuit of the presidency. I've seen him in the media a few times, accompanied by former MP Augustine Neto, talking about his grand plans. For instance, he says his administration would abolish the Social Health Insurance scheme. In his estimation, the United Green Movement presidential aspirant says proper management of taxpayers' money is what's needed to fund quality healthcare and education. He also chides authorities over alleged human rights abuses. But I must confess, and many will, that this doesn't seem like Justice Maraga's moment. Let's hope that the former top judge finds a sixth sense to suspend or defer his ambitions. Politics isn't his forte, the law is. He has every right to contest, but he also has the responsibility to correctly read the mood. The streets are desolate and the people unbothered. The former CJ has already seen firsthand how dirty the campaigns are. In Kenyan politics, you need plenty of bile to survive. For the record, I don't believe Justice Maraga is a stooge, a project or a spoiler. He has what it takes to be president. The issue is timing. Martin Luther King Jr said the time is always right to do what is right. I'd rather remember My Lordship for his triumphs than for the embarrassment he now faces in politics. -The writer is a communications practitioner. X:@markoloo

Former top judge Maraga needs a sixth sense

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