This archive report was first published on 8 June 2020.
June 8, 2020
Chief Justice David Maraga has expressed frustration over President Uhuru Kenyatta's refusal to appoint 41 judges recommended by the Judicial Service Commission (JSC) in July 2019.
The CJ made the remarks while addressing the press at the Supreme Court, lamenting the piling cases at the corridors of justice which he claimed could take years to clear.
He cited the example of a land case filed this year, which would be heard in 2022, and another case filed in 2020, which would be heard in 2020.
The CJ attributed the problems to President Uhuru's refusal to swear in the judges, despite two court orders directing him to do so within 14 days.
He accused the President of defying the court orders, saying that the President had no legal jurisdiction to alter the recommendations of JSC or subject it to any review.
Maraga also pointed out that the Executive's stubborn stance on the appointment of judges had rendered courts functionless and mere toothless institutions.
He cited several examples of court orders that were yet to be complied with, including the case of demolitions in Nairobi's Kariobangi estate, where the Executive proceeded with the evictions of families during the Covid-19 pandemic despite a court order being issued against it.
Maraga urged the President to direct the Attorney General to conduct a count of all the valid court orders so that the Executive can comply with them as required.
