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AG Criticises CJ Maraga Over Public Statements on Judges' Appointment

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 9 June 2020.

On June 8, 2020, Attorney-General Kihara Kariuki criticised Chief Justice David Maraga for issuing public statements to pile pressure on President Uhuru Kenyatta over the hiring of 41 judges instead of using official communication lines.

Mr Kariuki claimed that Justice Maraga has twisted facts to make scathing attacks on President Uhuru Kenyatta and the Executive, saying there were open communication lines between their three offices, which the CJ should have used.

At the heart of the disagreement between the CJ and the President is the President’s refusal to appoint 41 judges nominated by the Judicial Service Commission.

President Kenyatta has, since last year, refused to appoint the judges, arguing that the integrity of some nominees had been questioned in reports by the National Intelligence Service (NIS).

But CJ Maraga said President Kenyatta has violated the Constitution by refusing to appoint the judges and violated two court orders to that effect.

“…Such respect and deference is seriously undermined when the honourable Chief Justice engages in frequent vitriolic attacks on His Excellency the President and the Executive, especially where the attacks are based on misrepresentations, distortions and half-truths all lumped together,” Mr Kariuki said.

ODM Secretary-General Edwin Sifuna expressed concern over the spat between the two state organs, saying it did not bode well for Kenya’s democracy.

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