This archive report was first published on 5 November 2019.
CJ Maraga's National Address: What He Left Unsaid ¶
On November 4, 2019, Chief Justice David Maraga delivered a televised address to the nation, sparking mixed reactions from Kenyans. While he spoke about the Judiciary's financial health and general wellbeing, he failed to address pressing issues such as corruption and the delivery of justice.
Maraga's address was defensive and laced with threats, with a handful of blatant half-truths regarding various topics. He claimed that crucial cases were taking too long in courts due to the involvement of many people, but this is a blatant lie. The case of drug baron Baktash Akasha, who was sentenced to 25 years in jail in less than 8 months in the US, is a stark contrast to the 12-year stalemate in Kenya.
Maraga also claimed that the Judiciary does not interfere with other bodies, but this is not true. The Judiciary has given orders against investigating lawyer Tom Ojienda over fraud and Ferdinand Waititu over county corruption, and has also ordered the Ethics and Anti-Corruption Commission to drop investigations against National Youth Service mega corruption suspects.
Furthermore, Maraga claimed to have been tough on corruption in the Judiciary, but a file containing damning criminal allegations against Deputy Chief Justice Philomena Mwilu has been before the Judicial Service Commission, which he chairs, since April without any official word. The file contains evidence of corruption, abuse of office, money laundering, and tax evasion.
Maraga's address also touched on the Judiciary's vehicles, with him insisting that the Judiciary needs a fleet of Mercedes and police outriders to host foreign guests and new vehicles. However, this is despite the Milimani Law Courts car park being reduced to a scrap yard for the Judiciary, where functioning fuel guzzlers that cost taxpayers millions of shillings are dumped before being auctioned for as low as KSh 25,000.
Additionally, Maraga claimed that the Judiciary has opened new courts countrywide, but this is not true. The only new court opened is the Court of Appeal in Nairobi, which is yet to be used five years down the line. Investigations into corruption and money lost in new Judiciary buildings in Mombasa and Embu are ongoing.
Maraga's address also sparked controversy over his treatment by the government, with him claiming that he is often denied access to the VIP lounge at JKIA and that he is at times accorded 'very junior government officials' to clear roads for him. However, this is not a valid reason for the Judiciary to demand a red carpet and motorcade for visitors.
Finally, Maraga complained that the Master of Ceremony did not acknowledge his arrival during Mashujaa Day celebrations. However, this is not a significant issue, and it is humanly impossible to pick out and announce the grand entry of every single guest during national celebrations.
