CJ Maraga says Judiciary is non-political

Chief Justice David Maraga in Mombasa on July 4, 2017. PHOTO KEVIN ODIT | NATION MEDIA GROUP

What you need to know:

  • The Chief Justice denied the claim that there is is division in the Judiciary as a result of politics.
  • He said saying no judicial officer is allied to any political party.

Chief Justice David Maraga has said the Judiciary is non-political and is not affiliated to any political outfit.

Justice Maraga denied claims that there were divisions in the Judiciary as a result of politics, saying no judicial officer is allied to any political party.

“I have not heard anything of that kind (division in the Judiciary over politics). The Judiciary is non-political,” said Justice Maraga.

Speaking on the sidelines of the week-long annual judges’ colloquium at Sarova Whitesands in Mombasa, the CJ said no judicial officer should be allied to any political grouping.

“Political parties candidates are fighting for their rights; the Judiciary should hold the country together,” said Justice Maraga.

He said that as an institution they would endeavour to do their best not to cause problems for the Independent Electoral and Boundaries Commissions over cases filed as a result of nomination of party candidates.

However, he said, the Judiciary would deal with cases brought before it. Where decisions have been made in favour of a candidate, then the ballot paper might have to be amended to include additional names which were not there during printing, he said.

On the issue of sustaining the Judiciary’s transformation agenda, the CJ said they were focusing on service delivery to the people.

“We are also trying to get digitisation of court records on course and clear cases that are more than five years old,” said Justice Maraga. He said the annual colloquium is for judges to evaluate their work and look at the issues they deal with every day to see how best they can perform their duties while serving the public.

He reiterated Deputy CJ Philomena Mwilu’s sentiments that the Judiciary is prepared to hear election petitions, which they anticipate will be many. “We are prepared to handle the petitions and complete the process in accordance to the period set in the Constitution,” said Justice Maraga.

He said judicial officers have undergone refresher courses to evaluate issues that they dealt with in the past and those that are likely to come up.

Responding to topics discussed during the colloquium, the CJ said transgender people have rights as enshrined in the Constitution.

The colloquium is organised by Judiciary Training Institute and is usually held in August. It was brought forward to this week due to the coming election. Its theme is “Introspection and sharing experiences: sustaining judicial transformation in a digital environment and electioneering period”.