CJ Maraga defends judges against corruption allegations

Chief Justice David Maraga has condemned the increasing corruption allegations levelled against the judiciary, saying their critics are ‘unfairly’ judging them.

Speaking in Kisumu County while presiding over the official opening of the new building at the Nyando Law Courts on Friday, Mr Maraga — in response to criticism from the Director of Public Prosecutions Noordin Haji and Inspector General of Police Joseph Boinnet — defended the judiciary from claims it was shielding corruption suspects, including some from its ranks.

The Chief Justice particularly took issue with a story in the Standard newspaper that talked about "rot in the judiciary" in reference to the Organisational Review Report launched by the Judiciary last week, which recommended a raft of changes in its structures, including how courts are organised.

GREATER EFFICIENCY

“Instead of praising us for restructuring ourselves to serve wananchi better, they are attacking us. We have only reviewed our structures to facilitate greater efficiency in the delivery of services to the people,” he said.

The Chief Justice reaffirmed his commitment to the fight against corruption, but said he will not stand by as judicial officers are unfairly attacked.

“If they are caught doing anything wrong, they must be punished. But I will defend them to the hilt if they are just being vilified by people who they have made rulings against,” said Mr Maraga.

Citing the case of a Nairobi judge who was alleged to have been involved in a corrupt deal in Mombasa, the CJ dismissed the case as a fabrication which was meant to blackmail him and the entire judiciary.

NEVER IN MOMBASA

“The judge has never worked in Mombasa, leave alone practising in the city. It is therefore unfair for him to be accused of meddling on issues in Mombasa,” he said.

He added that social media has been particularly hostile to him, some even referring to him as ‘the high priest of corruption’.

“If by doing the right thing this is what I become, so be it,” he said.

The CJ said the judiciary is well aware of the masterminds of the scheme who are out to taint names of judicial officers.

“We know those who are behind the bloggers and social media users. These are some of the people who have got unfavourable decisions from the courts and have now turned that into bitterness against the judiciary,” he said.

FRUSTRATED

In an interview with Citizen TV early this week, Mr Haji accused the Judiciary of frustrating the fight against corruption by being overzealous to grant suspects bail on soft terms.

“I am actually concerned. We have charged individuals be they governors, constitutional office holders or the DCJ (Philomena Mwilu) herself. My concern is that most of them (the suspects) still remain in office and the sad thing is that we still have orders to allow them to enjoy whatever is coming from the courts... We must have standards and those standards need to be applied across board and the courts need to help us,” Mr Haji said.

The DPP had also taken issue with courts for granting suspects conservatory orders stopping investigations against them.

BOTTLENECKS

“So far, I am not happy because if I didn’t have these bottlenecks, if I didn’t have all these conservatory orders, I would have done far much more,” he said.

Just days after Mr Haji’s remarks which seem to have rubbed the judiciary the wrong way, the Inspector General of Police, Mr Boinnet, also launched an attack on the judiciary, accusing the institution of frustrating terror cases.

During the event in Nyando, local leaders criticised Mr Haji and Mr Boinnet for their attacks on the judiciary.

Nyakach MP Aduma Owuor said the DPP should argue his cases before court and leave judicial officers to make determinations and not always expect rulings to go in his favour.

Mr Maraga said the ongoing constructions signified “our continued determination to facilitate easy access to justice for all Kenyans as one of the key deliverables in our efforts to transform the judiciary.”