Lobby defends David Maraga over interference claims

Chief Justice David Maraga when he attended thanksgiving ceremony for Court of Appeal President Justice William Ouko on June 29, 2018 in Bondo, Siaya County. PHOTO | TONNY OMONDI | NATION MEDIA GROUP

What you need to know:

  • Lobby says it is within the Chief Justice's mandate to give directions and address complaints.
  • Activist Okiya Omtatah accused CJ Maraga of interfering with judicial independence of judges and magistrates.

A lobby for litigants has defended Chief Justice David Maraga over accusations of interfering with judicial independence of judges and magistrates.

Litigant Association of Kenya (LAK) termed the criticism as unhealthy and meant to belittle the head of the Judiciary.

Accusations of Mr Maraga interfering with the independence of judges and magistrates sufficed after he called for the file of a petition that had been filed by activist Okiya Omtatah before the Employment and Labour Relations Court to suspend the circular that the Head of Public Service Joseph Kinyua had issued sending on forced leave heads of procurement and accounting units in government.

Mr Omtatah protested that Mr Maraga’s action were disturbing and unacceptable.

But in a statement to newsrooms, LTAK head of operations Patrick Wachira said: “It is within the mandate of the Chief Justice to give directions, [address] complaints and act in accordance with the powers bestowed on him by the law.”

If the Chief Justice fails to act on complaints, he said, corruption and impunity will reign in the Judiciary.

TRAVEL GUIDELINES

Mr Maraga has also been accused of curtailing the freedom of judicial staff by issuing travel guidelines.

The guidelines require judges and other judicial officers to seek his approval to attend conferences and seminars.

But Mr Wachira defended the Mr Maraga, saying: “There is no absolute freedom nor absolute power even within the Judiciary. The CJ is just within his mandate. We want to see judges and magistrates concentrate on their work.”