Maraga says he'll work towards reducing friction in government

Justice David Maraga, before the National Assembly's Justice and Legal Affairs Committee at Parliament Buildings in Nairobi on October 13, 2016 to be vetted for his suitability for the position Chief Justice. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

What you need to know:

  • Justice David Maraga tells Members of Parliament vetting him that if the three arms of government engaged in dialogue, there would be less friction and better services.
  • He wants to succeed Willy Mutunga.

The nominee for the position of Chief Justice on Thursday said he would work towards reducing the friction between the Judiciary and other arms of government.

Justice David Maraga, who now awaits clearance by Parliament in his bid to succeed former Chief Justice Willy Mutunga, told MPs vetting him that if the three arms engaged in dialogue, there would be less friction and better services.

“The role of the Executive, Parliament and Judiciary is to serve the people so we should meet and dialogue more to avoid instances where one appears to want to interfere with the work of the other,” he said.

The Court of Appeal judge beat several other aspirants in the race for the coveted seat.

Should MPs give their seal of approval, the judge will be the second chief justice under the current dispensation.

When he appeared before the Justice and Legal Affairs Committee, Judge Maraga fought off criticism raised in three petitions over his handling of various cases in his career as a judge spanning 13 years, and 25 years as an advocate.

The most controversial decision was reducing the conviction of murder to manslaughter in the killing of former Ainamoi MP David Too, with the residents petitioning the National Assembly on claims the judge was lenient to the accused, apparently because they were from the same ethnic group.

Justice Maraga said he relied on the principle of provocation as opposed to self-defence, which could have resulted in the killer being acquitted and dismissed allegation of bias.

DISMISSED PETITIONS

The team appeared to have dismissed all the petitions, which threatened the prospect of Justice Maraga’s approval by the National Assembly, after the chairman, Ainabkoi MP Samuel Chepkonga, appeared pleased with the answers given.

Nyeri Woman Representative Priscilla Nyokabi brought up the Kiambaa church incident during the post-election violence in 2007, in which Justice Maraga acquitted the suspects.

Those acquitted are believed to have burnt to death people who had sought refuge there. The judge blamed shoddy investigations by police.

He said the Judiciary was working on proposals in readiness for next year’s election.

On Thursday, Speaker Justin Muturi granted a request by Mr Chepkonga to extend by seven days the period by which Parliament is expected to have made a decision. But, he indicated since the team had already made its decision, it was likely to table its report before the close of business on Thursday.

Majority Leader Aden Duale said the extension from the 14 days allowed by law, would remove the perception that Parliament was a mere rubberstamp, and allow time to whip members to make the required quorum on Tuesday.

Meanwhile, President Uhuru Kenyatta on Thursday forwarded to Parliament the name of the nominee for the position of deputy Chief Justice, Ms Philomena Mwilu, setting the stage for her vetting.

Mr Muturi directed the Chepkonga-led committee to vet the nominee and present the report to the House within 14 days for approval.