Chief Justice David Maraga has torn into President Uhuru Kenyatta over his continued disobedience of Kenya’s constitution.
Addressing journalists at the Supreme Court, Nairobi on Monday June 8, 2020, Maraga called on President Kenyatta to demonstrate and respect the rule of law.
He said the refusal of the President to appoint the 41 judges was a grave violation of the constitution.
The CJ said the government can not demand obedience of the law from its citizens when the government itself is disobeying the same law.
“The President’s disregard of court orders, doesn’t board well for our constitutional democracy and is potentially a recipe for anarchy. The Executive routinely disregards court orders, ” said Maraga.
The president’s refusal to swear in 41 judges, according to Maraga has created a shortage and backlog of cases. For instance, Maraga said, if you file a land case in the environment and land court at Milimani in Nairobi today, the earliest your case will be heard is in 2022.
“If you file a land case in the environment and land court at Milimani in Nairobi today, the earliest your case will be heard is in 2022. The Court of Appeal has only 15 Judges serving the republic with a case load of 7,315 as at 31st March 2020,” CJ Maraga said.
Making a statement that he said was meant to address the head of state directly, Maraga said he has for a long time unsuccessfully sought audience with President Kenyatta to have the issues solved.
“I have for a long time now unsuccessfully sought an appointment to discuss this issue with you, leaving me no choice but to raise the matter through this public statement; you swore to defend and uphold the constitution & the laws of Kenya,” he said.
He says attempts to compel the accounting officers in the relevant ministries are always rebuffed with the contemptuous “Utado?” mentality.
“Attempts to compel the accounting officers in the relevant ministries are always rebuffed with the contemptuous “Utado?” mentality. How can we expect God to bless our nation, when we’re so callous to the most desperate in our society,” he noted.
