Maraga accuses the Executive and Parliament of attempting to control the Judiciary

Abagusii professionals and members of the business community react to continued attacks on Chief Justice David Maraga during a press conference at United Kenya Club in Nairobi. [Jenipher Wachie, Standard]

Chief Justice David Maraga has criticised what he termed as continued intimidation of the Judiciary by politicians after the nullification President Uhuru Kenyatta’s win.

The CJ spoke out against the backdrop of three petitions questioning his conduct and that of two other Supreme Court judges who were among the four who nullified the August 8 presidential election.

Maraga condemned threats, particularly from Jubilee MPs, who have vowed to press for changes to the law over what they have claimed was an unjust judgment.

During a press briefing on Tuesday, Justice Maraga said judges and other judicial officers have become punching bags on social media. He claimed some have even received threats.

The CJ responded to Jubilee MPs, who have threatened “to cut the Judiciary down to size”, saying the Judiciary will not be cowed.

“The Judiciary has not and will never seek to direct other arms of government on how to perform their functions. In the same vein, we will not allow anybody to dictate to us how to discharge our mandate as given by the people under the Constitution,” Maraga said.

“We want to state that the rule of law must be allowed to prevail at all times,” said the CJ, who read the statement on behalf of the Judicial Service Commission (JSC), which he chairs.

Justice Maraga also accused Inspector General of Police Joseph Boinnet of ignoring calls to beef up security at the Judiciary, saying this has exposed his officers to harm.

“JSC notes with dismay the Inspector General of Police, who is expected to provide security to government facilities, has repeatedly ignored calls to act, exposing judicial officers, property, and litigants to danger,” Maraga said.

The CJ also pointed out that the courts will not bend rules to please Parliament and the Executive. “Politicians should get back to the people for a referendum if they feel there is no need of having the Judiciary.

“If leaders are tired of having a strong and independent Judiciary, they should call a referendum and abolish it altogether. But we will never agree to work in accordance with the whims and desires of the Executive and Parliament.”

The CJ termed the attacks by politicians and their supporters as ‘savage’.

President Kenyatta was the first to attack the Judiciary,  accusing it of subverting the will of the people after the Supreme Court judges nullified his election after NASA leader Raila Odinga, in a petition, challenged his victory.

The incumbent, who was expressing his displeasure on the finding that his re-election was null and void as it did not follow the law and was marred by massive irregularities, referred to the judges of the highest court in the land as wakora (crooks).

After the President’s remarks, senior Jubilee leaders took the Judiciary on, threatening to take a fresh look at the law with the aim of taming the Judiciary.

The CJ said the Judiciary would not strive to please anyone and would purse individuals making the threats in case any of its officers is attacked.

“In view of these unfortunate developments, the JSC would like to state we unreservedly condemn these mindless acts of aggression against the Judiciary and reiterate that if anything happens to the individual judges, staff, or their families, those making inciting statements will personally be held responsible.

Rule of law

“We call on Kenyans of goodwill to stand up for the independence of the Judiciary and the rule of law. On our part, we are prepared to pay the ultimate price to protect the Constitution.”

Attorney General Githu Muigai, who is a member of JSC, was not at the press briefing. The CJ refused to take questions from journalists after reading the statement.

Nyeri Town MP Ngunjiri Wambugu, who had filed a petition seeking the removal of the CJ, accuse Maraga of trying to intimidating Kenyans for exercising their constitutional rights.

“Kenyans have an equal responsibility to uphold and defend the Constitution. The Constitution exalts every person to respect, uphold, and defend it. No one person or institution is the custodian of the Constitution. The notion that protection of the Constitution is the responsibility of one institution is fallacious and is rejected. The people are the custodians of the Constitution,” Wambugu said.

Jubilee supporters

On demonstrations by Jubilee supporters outside the Supreme Court, the MP said. “The Constitution guarantees Kenyans the right, peacefully and unarmed, to demonstrate, picket, and to present petitions to authorities. There are no indications that any of the protests complained about by the CJ were not peaceful.”

Outside the court premises, hundreds of protesters chanted “Maraga must go!”

They carried placards condemning the Judiciary for ‘stealing’ their victory.

Hours after the CJ’s statement, the police denied claims that the Judiciary lacks security.

Assistant Inspector General of Police George Kinoti claimed that each judge is assigned a police officer in their court room and residence.

“The truth is borne out of facts and they are plain for any citizen to check and confirm. The CJ’s assertions are not founded on facts,” he said.