Former Chief Justice David Maraga Directive that he had given to the executive has come to haunt them over Professor Kithure Kindiki’s swearing-in as the third deputy president under the 2010 constitution.
Following the Supreme Court’s ruling, which required a fresh election to be conducted within 60 days, Maraga and the Judiciary came under intense criticism from some political leaders and their supporters, particularly from the Jubilee Party, which had backed former President Uhuru Kenyatta and current president William Ruto’s( then the deputy).
They accused the Judiciary of being biased and undermining the will of the people.
Uhuru, himself, while speaking after the ruling, called the judges crooks and vowed to “fix” the Judiciary after the repeat election.
Responding to attacks by Uhuru, Ruto and their allies, Maraga held a press conference and defended the Judiciary’s independence and role in upholding the Constitution.
He noted that while the Judiciary would not bow to political pressure, those dissatisfied with its existence could pursue legal avenues to abolish it through a constitutional amendment.
In regards to Maraga’s sentiment, Lawyer Nelson Havi has faulted the executive for ignoring court orders that his barring Kindiki’s assumption to the office of the deputy president.
According to Havi, assumption of office by either the president or the deputy is a constitutional process that cannot take place without first being sworn in by the Chief Registrar of the Judiciary (CRJ) in the presence of the Chief Justice (CJ).
Havi terms the impending swearing-in of Kindiki as an insult to the judges considering they are ignoring a ruling in Milimani Court by Judge Mwita Chacha and another one by Kerugonya law courts that has barred Kindiki’s assumption to office.
By Newsmedia