AG lashes out at Maraga for attack on Uhuru

Attorney-General Kihara Kariuki Tuesday criticised Chief Justice David Maraga for issuing public statements to pile pressure on President Uhuru Kenyatta over the hiring of 41 judges instead of using the official communication lines.

Mr Kariuki claimed that Justice Maraga has twisted facts to make scathing attacks on President Uhuru Kenyatta and the Executive, saying there were open communication lines between their three offices, which the CJ should have used.

On Monday, Justice Maraga claimed that he has unsuccessfully sought man audience with President Kenyatta to discuss the appointment of the judges.

At the heart of the disagreement between the CJ and the President is the President’s refusal to appoint 41 judges nominated by the Judicial Service Commission.

The Constitution requires the President to appoint all individuals nominated by the JSC as judges, and Justice Maraga on Monday said the President’s reluctance has led to a backlog of more than 20,000 court cases.

President Kenyatta has, since last year, refused to appoint the judges, arguing that the integrity of some nominees had been questioned in reports by the National Intelligence Service (NIS).

But CJ Maraga said President Kenyatta has violated the Constitution by refusing to appoint the judges and violated two court orders to that effect.

He added that the Attorney General had delayed prosecuting appeals against cases that ordered President Kenyatta to appoint the nominees.

“…Such respect and deference is seriously undermined when the honourable Chief Justice engages in frequent vitriolic attacks on His Excellency the President and the Executive, especially where the attacks are based on misrepresentations, distortions and half-truths all lumped together,” Mr Kariuki said.

“The subject statements demonstrate that the honourable Chief Justice has failed to cultivate the spirit of constructive consultation and has instead resorted to grandstanding and populist brinkmanship, with the Executive as his bogeyman.

The AG claims that Justice Maraga had used public statements to send coded messages to judicial officers handling court cases involving the recruitment of the 41 judges, among others.

Mr Kariuki said the courts are to blame for delays in appointing of judges, He say that his office filed notices of appeal as per President Kenyatta’s instructions, but is yet to receive typed proceedings of the High Court cases ordering all the nominees’ appointment.

Some of the individuals the NIS issued adverse reports against are sitting judges, and the CJ dared the President to reveal their names to the JSC.

The AG says only Justice Maraga can answer how some of the individuals whose integrity is in question are still serving as judges.

“This is a grave and fundamental constitutional question that could easily end up in the Supreme Court for determination. Yet, the honourable Chief Justice, who is also the President of the Supreme Court, is already making pre-emptive, prejudicial and conclusive public statements on the same,” he said.

On the CJ’s statement that the Executive had refused to settle court awards to people injured in accidents caused by government vehicles, the AG said he had not provided any proof.

Meanwhile, the Orange Democratic Movement (ODM) yesterday threw its weight behind Justice Maraga, faulting President Kenyatta for flouting court orders.

ODM Secretary-General Edwin Sifuna expressed concern over the spat between the two state organs, saying it did not bode well for Kenya’s democracy.“As a party, we will always stand for an independent Judiciary and defend the sanctity of Court orders as the foundation as the foundation of the rule of Law,” Mr Sifuna said.