Tuesday June 9, 2020 – Chief Justice David Maraga will regret launching scathing attacks against President Uhuru Kenyatta yesterday.

This is after it emerged that the President was planning to appoint new judges as required even before Magara’s outburst.

In his outburst against the President, Maraga accused Kenyatta of disobeying court orders and refusing to appoint 41 judges proposed to him by the Judicial Service Commission.

CJ Maraga told a media briefing his efforts to get an audience with the President over the appointments had failed.

But some members of the Judicial Service Commission said Maraga and the Head of State had met for nearly an hour in February, days after Maraga launched another verbal attack against the President.

During the meeting in State House, the two agreed on a number of issues, including judicial appointments, the JSC members said.

The President is reported to have agreed to appoint judges who did not have integrity issues and to address budget issues raised by Maraga at that time.

“The appointments were to be made next week.”

“We are surprised by the statement by Maraga,” a senior appellate Judge aware of the plans said.

Some members of the JSC said they were not aware of the contents of Maraga’s statement.

“We did not know that he had planned to issue a statement,” one member said.

In what was perhaps a first in Kenya, Maraga took to the steps of the Supreme Court and read riot act to the President, reminding him that he swore to defend and protect the Constitution.

Maraga claimed that the disregard for court orders had become a norm in the Executive and even attempts to compel accounting officers to act are always  rebuffed by the contemptuous “utafanya nini” attitude.

At the heart of the latest falling-out is Uhuru’s failure to appoint 41 judges despite two court orders.

However, just last week, the CJ bitterly complained about an Executive Order by the President in which he listed the Judicial Service Commission as a Government department.

The CJ is the Chairman of the Commission.

“Unfortunately, this disregard for Court Orders by the President is part of the pattern by the Executive,” protested Maraga, citing the recent Kariobangi evictions as an example.


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