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Monday August 24, 2020 – Chief Justice David Maraga has said he has no apologies to make for nullifying President Uhuru Kenyatta’s phony victory in 2017 over irregularities.

Maraga was addressing questions around his frosty relationship with President Uhuru Kenyatta as part of an interview series to mark 10 years since the promulgation of the 2010 Constitution.

Maraga, who has been at loggerheads with Uhuru and the Executive over disregard of court orders and budget cuts to the Judiciary, recounted the historic Supreme Court ruling, saying he will do it again if presented with similar case.

He reiterated that the Supreme Court will deliver the same nullification ruling if the same case were to be presented years later.

“Going by the experience we had in 2007/2008 (Post-Election Violence), and here we had a disputed Presidential election, the majority of the Supreme Court were very clear in their minds.”

“We don’t want to return our country to the 2007/2008 experience”

“I stand by that decision.”

“If you bring it even 10 years after now I will still, on the evidence brought before us, come to the same conclusion,” he stated.

Now, with the Judiciary underfunded and Uhuru refusing to appoint 41 judges, Maraga speculated that perhaps the threat to revisit the Judiciary was being acted on.

On the 41 judges who Uhuru has refused to appoint citing integrity questions, Maraga called for them to be sworn in and petitions brought against them thereafter.

He noted that the Judicial Service Commission (JSC) had offered to prioritize dealing with petitions against the newly-appointed Judges.


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