This archive report was first published on 24 August 2020.
On August 23, Chief Justice David Maraga reflected on his relationship with President Uhuru Kenyatta in an interview marking 10 years since the promulgation of the 2010 Constitution.
Maraga, who has been at odds with Uhuru and the executive over court orders and budget cuts, recalled the historic Supreme Court ruling on September 1, 2017, which nullified Uhuru's election due to irregularities and illegalities.
Following the ruling, Uhuru stated at a public function that they would 'revisit' the Judiciary, a comment perceived as a threat to Maraga and the courts.
Maraga reiterated that the Supreme Court would deliver the same nullification ruling if the same case were to be presented years later.
Maraga stated, "Going by the experience we had in 2007/2008 (Post-Election Violence), and here we had a disputed Presidential election, The majority of the Supreme Court were very clear in their minds. We don't want to return our country to the 2007/2008 experience."
He added, "I stand by that decision. If you bring it even 10 years after now I will still, on the evidence brought before us, come to the same conclusion,"
With the Judiciary underfunded and Uhuru refusing to appoint 41 judges, Maraga speculated that perhaps the threat to revisit the Judiciary was being acted on.
On the 41 judges, Maraga called for them to be sworn in and petitions brought against them thereafter, noting that the Judicial Service Commission (JSC) had offered to prioritize dealing with petitions against the newly-appointed judges.
Maraga also warned that continued disregard of court orders by government officials could lead to anarchy, stating, "As a government, what moral authority do you have to ask people to obey the law which yourself you're not obeying? That's a serious issue,"
