Maraga accuses President Kenyatta of derailing swearing in of 41 judges

“You know I have respect for you as our President, you also know that I have unsuccessfully sought an appointment with you to sort out these issues but it has been futile leaving me with no option but to make this public,” he said.

Speaking on Monday at the Supreme Court, Maraga asked the President to direct the AG to begin the process of satisfying the decrees issued by the courts.

The CJ said that it was no longer tenable for the President to continue refusing to obey two court orders complying him to appoint the judges to their respective positions.

“The court ruled that the President cannot decide to jerry pick from the names of nominees. He has no residual judicial power to question or reject the names…The legal position is that the President is obliged by the two valid court orders to appoint the 41 judges…The President’s disregard of the court orders does not bode well,” said CJ Maraga.

The CJ also complained about an emergent trend by the government to refuse to obey court orders, including delaying payment of decrees for victims of accidents caused by government vehicles.

“In addition to these two specific orders, the Executive consistently disregards court orders. Recently, against court orders, the government evicted squatters in Kariobangi… The government has refused to order court decrees, many of them on the compensation of road accident victims caused by government vehicles,” said Maraga.

“The President’s disregard of court orders doesn’t board well for our constitutional democracy and is potentially a recipe for anarchy,” Maraga said.

“I must remind you that you swore to defend the constitution and the laws of Kenya. The laws include court orders. Demonstrate that faith and respect the rule of law and comply with court orders.”

The Law Society of Kenya had threatened to take legal action against the President and Attorney General Kihara Kariuki for not swearing in the 41 judges.

In a letter to the Attorney General, LSK said the decision by the state not to swear in the judges and also not gazette lawyers at essential providers as directed by the court is unlawful.

LSK President Nelson Havi gave AG Kihara Kariuki a seven-day ultimatum to comply with the said orders.

“In order to remedy the disobedience of court orders by the state on swearing of judges and listing lawyers as essential service providers, LSK says it has decided that the decrees are complied with unreservedly within seven days or they take legal action,” reads the letter.