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Kenya: I’ve No Regrets on Presidential Poll Case, Says CJ Maraga

Published

5 years ago

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Chief Justice David Maraga has said he would still arrive at the decision that led to the nullification of President Uhuru Kenyatta’s poll win in 2017, even 10 years from now.

He noted that he has no regrets for the verdict he made alongside three of his colleagues at the Supreme Court.

In a no-holds-barred interview with NTV, Mr Maraga said the decision was arrived at based on the evidence tabled before the court, which in their estimation showed that Mr Kenyatta, together with his deputy William Ruto, were not elected in a free, fair and credible process.

The CJ had in the September 1, 2017 decision ruled that the August 8 election had not been “conducted in accordance with the Constitution”, and declared it “invalid, null and void”, much to the agitation of Mr Kenyatta who vowed to “revisit” the matter.

“I stand by that decision. You bring it, but even 10 years after now, I will still do so on the evidence that was given before us. I will still come to the same conclusion,” Mr Maraga said in the interview that aired yesterday night.

Far-reaching consequences

He said he has taken everything in his strides, including personal attacks on him and his family as well as the frustrations of the Judiciary by both the Executive and Parliament.

The CJ said while he would not comment on whether the predicaments that have befallen the courts in recent past were linked to the “revisiting”, they have had far-reaching consequences on administration of justice.

Mr Kenyatta, who had alongside Dr Ruto and other Jubilee Party leaders vowed to deal with courts, has been accused of disobeying court orders– including those on the appointment of 41 judges as well as enforcing budgetary cuts to the Judiciary.

“These attacks are all meant to influence my decisions to make me change from my convictions. If anything, let me tell you that they emboldened me,” he said.

“Of course at times I have been irritated about that. But I want to say this. I have actually enjoyed working as the chief justice of the Republic of Kenya.”

But the CJ insisted that his differences with the President is nothing personal, but only based on principle and the manner in which the Head of State has exercised his powers towards the courts.

Defender of courts,

“I have no problem with the President. You remember even when that revisit remark was made, I invited him and he was gracious. We had a function and he came to the Judiciary. And in his address, he said, ‘look CJ, some of these remarks were made in the heat of the moment’,” the CJ said.