CJ Maraga holds first session at Supreme Court

Chief Justice (CJ) David Maraga held his inaugural session of the Supreme Court on Monday and revealed there are 169 pending cases.

Justice Maraga said that in the past five years the court had determined 153 cases.

“I will hold a session today (Monday) afternoon with senior counsel to discuss [the] modalities of disposing of these pending cases quickly,” the President of the Supreme Court said.

The court reconvened after a five-month break following the retirement of Willy Mutunga.

The exit of Dr Mutunga, along with the departures of Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi disabled the functions of the apex court.

They were replaced by Justice Maraga, his deputy Justice Philomena Mwilu and Justice Lenaola, respectively.

Justice Maraga assured Director of Public Prosecutions (DPP) Keriako Tobiko and lawyers who attended Monday’s inaugural session that business in the court will be handled with the urgency and precision required.

“These inaugural sessions will always be convened at the beginning of every year for the court to elaborate on its position and concluded business,” the CJ stated.

The CJ convened the court minus Justice Isaac Lenaola, who is attending an official function in Geneva, Switzerland.

Attorney-General Githu Muigai did not attend the session but had communicated his apologies.

Judges Mohammed Ibrahim, Jackton Ojwang, Smokin Wanjala and Njoki Ndung’u attended the session.

In their speeches, Mr Tobiko, Senior Counsel Fred Ojiambo and M Z Malik pledged to support the court, which is the “country's beacon of hope, liberty, peace and prosperity.”

Mr Tobiko stated that the court has “an onerous responsibility and duty not only to foster greater access to justice, to promote, advance and protect the enjoyment of fundamental rights and freedoms by all persons in Kenya but also to deconstruct and reconstruct our legal jurisprudence.”

Mr Tobiko said the court is also mandated to check the excesses of the two arms of the government — the Legislature and the Executive.

He appealed to the judges to discharge their roles with utmost vigour, independence, fairness and impartiality.

Mr Ojiambo said the court’s central duty and responsibility will be to reclaim and reassert the authority and dignity of the most highly placed judicial body in the nation.