This archive report was first published on 9 June 2020.
On June 9, 2020, the Executive and Judiciary were locked in a war of words over court orders, with the Attorney General accusing the Chief Justice of breaching established norms of government and direct lines of communication.
Attorney General Paul Kihara defended the Executive, stating that it has always and remained committed to implementing all court orders, to the extent lawfully practicable, save for instances where there are appropriate stay orders and pending appeals.
However, Chief Justice David Maraga accused the Executive of failing to settle claims arising from court cases, amounting to Sh1 billion, and cited the failure of President Kenyatta to swear in some 41 judges as recommended by the Judicial Service Commission (JSC).
Justice Maraga said the shortage of judges and the near paralysis of court operations has been caused by failure by President Kenyatta to swear in the Judges since July 2019.
Senator Mutula Kilonzo, who is also an advocate, expressed concern that the all-out war pitting the Executive and Judiciary threatens to disrupt and scuttle administration of justice.
“The rancor exhibited so far is not helpful to the administration of Justice,” he said.
