351 total views, 3 views today
BY KORIR JUMA,NAIROBI,8TH JUNE 2020-Chief Justice David Maraga SAYS most of the tribulations facing the judiciary have their genesis from the executive.
Maraga who addressed the press on Monday has accused President Uhuru Kenyatta of refusing to meet him to discuss the stalled appointment of 41 judges proposed by the Judicial Service Commission.
Maraga said Uhuru’s refusal to swear in the judges has contributed to the backlog of cases currently being experienced in the Judiciary.
“You know I have respect for you as our President, you also know that I have unsuccessfully sought an appointment with you to sort out these issues but it has been futile leaving me with no option but to make this public,” he said.
Speaking on Monday at the Supreme Court, Maraga asked Uhuru to direct the AG to begin the process of satisfying the decrees issued by the courts.
“The President’s disregard of court orders doesn’t bode well for our constitutional democracy and is potentially a recipe for anarchy,” Maraga said.
“I must remind you that you swore to defend the constitution and the laws of Kenya. The laws include court orders. Demonstrate that faith and respect the rule of law and comply with court orders.”
The Law Society of Kenya had threatened to take legal action against the President and Attorney General Kihara Kariuki for not swearing in the 41 judges.
In a letter to the Attorney General, LSK said the decision by the state not to swear in the judges and also not gazette lawyers at essential providers as directed by the court is unlawful.
LSK president Nelson Havi has given AG Kihara Kariuki a seven-day ultimatum to comply with the said orders.
“In order to remedy the disobedience of court orders by the state on swearing of judges and listing lawyers as essential service providers, LSK says it has decided that the decrees are complied with unreservedly within seven days or they take legal action,” reads the letter.