House to vet Chief Justice nominee David Maraga next week

Justice David Maraga at his home in Nairobi on September 22, 2016. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

Justice David Maraga will face MPs for the public hearing of his vetting for the position of Chief Justice on Wednesday next week, the National Assembly has announced.

The judge has been asked to show up on the fourth floor of Continental House at 10am on Wednesday, October 12, for his meeting with the Justice and Legal Affairs Committee.

Justice Maraga has been asked to bring his original identity card and academic and professional certificates, testimonials and letters or certificates of clearance from the Ethics and Anti-Corruption Commission, the Kenya Revenue Authority, the Higher Education Loans Board, the Directorate of Criminal Investigations and any Credit Reference Bureaus.

At the same time, the public has been asked to submit any written statements in the form of sworn affidavits that they may have on Justice Maraga.

The scheduling of the vetting hearing on the morning of next Wednesday means that the Justice and Legal Affairs Committee will have only a few hours to put together their report on the suitability of the judge for the position of Chief Justice.

APPROVAL HEARINGS

When he transmitted the nomination to the committee Tuesday, National Assembly Speaker Justin Muturi directed the committee to start the approval hearings and table its report on or before Wednesday next week for debate and for MPs to make a decision on it before the end of the week.

“I cannot over-emphasize the need to expedite this process of appointment of a substantive Chief Justice, considering that there is a vacancy in this position and in that of the Deputy Chief Justice at a time when the substantive office holders ought to perform certain statutory obligations,” he added.

Among these statutory obligations is the swearing in of the panel that will carry out the recruitment of the next members of the Independent Electoral and Boundaries Commission to replace the team led by Ahmed Issack Hassan.

The formation of the new IEBC is crucial because it should trigger preparations for the next General Election in August 2017.

Under the IEBC Act, only the Chief Justice can swear in the panel.

Justice Mohammed Ibrahim was appointed acting president of the Supreme Court by then Chief Justice Willy Mutunga before he retired, meaning he cannot carry out the roles of the Chief Justice.

If Justice Maraga is appointed Chief Justice, it would mean that the appointment of the IEBC recruitment panel, which will be hosted by Parliament, will finally take place.