Editor's Review

  • Former Chief Justice David Maraga had a mouthful to say about President Uhuru Kenyatta's decision to reject six judges nominated by the JSC.

Former Chief Justice David Maraga has criticized President Uhuru Kenyatta for refusing to appoint six judges recommended by the Judicial Service Commission.

Speaking during an interview on KTN, Maraga said the move will jeopardize the careers of the six judges and puts their integrity and future judgements in danger.

"The thinking in Kenyans minds is these fellows have integrity issues and when someone loses a case in front of these judges they will come up with allegations, frivolous allegations that this man was bribed and we have reported he has someone who takes bribes," Maraga said.

"That is so serious that it can't be done so seriously as it has been done. There is a very good procedure. Swear these judges in then lodge a complaint before the Judicial Service Commission and whoever has been appointed will be removed," he added.

Maraga blasted President Kenyatta for condemning the judges in the public eye without following the proper channels.

The former CJ also called out President Kenyatta for not following the rule of law after the Head of State said he's listening to intelligence reports in regards to the appointment of the six judges.

"With all the court orders issued, the President is adamant and saying that he will not take the easy way. The constitution has not given the intelligence the power to appoint judges, the views of the intelligence have their place," Maraga said.

His sentiments come a day after his predecessor Dr. Willy Mutunga hit out at President Kenyatta over his decision to reject six judges nominated by the JSC.

In a letter dated June 8, 2021, Mutunga noted that the Constitution does not give the Head of State powers to choose who to cherry-pick, adding that he has no option but to appoint all those nominated by JSC.

According to Mutunga, the President’s decision to reject the six nominees is not out of principle but due to personal resentment.

"The president must resist the temptation to be garlanded in the pettiness of preforming power, particularly by those who have built a thriving pettiness cottage industry, completely consumed by the pursuit of personal vendetta at the expense of national good," he said.