In March this year President Uhuru Kenyatta made comments indicating that the Kisii were well represented in his government because one of their sons, David Maraga, is our Chief Justice.
The response from Maraga was fast and furious. The Chief Justice in a personal statement said, “I have restrained myself from responding to these false statements so as not to give them undue prominence or credence. However, they continue to be claimed and peddled around as if they are the truth, and in total disregard of their corrosive effect on the perception of the independence of the Judiciary.”
The Judicial Service Commission also said,”JSC has had the opportunity to review and evaluate the statement by the head of state and takes the view that the remarks during the said political meeting could, and had in fact, been misconstrued to imply a political hand in the appointment of the Chief Justice. This is unfortunate, erroneous and substantially misleading.”
So last week on Thursday, I filed a petition with the JSC against the Chief Justice. The content of my petition was that I believe he has violated the Constitution, the Judicial Code of Conduct and Ethics and, probably, even committed and/or aided in the commission of penal offences, which may include harbouring the intention of causing a change in the lawful government of Kenya.
I filed the petition as an individual voter, who was aggrieved by the decision to nullify the August 8 presidential election. My petition was specific: It was about the conduct of Maraga as an individual.
The reactions were fast and furious – again– but in a completely different direction!
First, some of my parliamentary colleagues from the Kisii community immediately called a press conference, condemning me for attacking one of them. My social media platforms then went aflame. Friends told me that my petition was completely untimely because it threatened the President’s political fortunes amongst the Kisii in the coming presidential repeat election.
Meanwhile, my former competitors in Nyeri tried unsuccessfully to initiate a signature collection for MP recall, claiming that I was working for NASA!
Then NASA took to the airwaves, saying, “This petition is actually not the work of Ngunjiri ... This is a petition prepared by the Jubilee party to attack the Judiciary!” Somehow – maybe because they do not do it themselves – they could not believe I can think for myself!
One of them, a Nairobi MP, then immediately dispatched resources to Kisii county for public demonstrations against me – and Jubilee. I was famous!
Meanwhile, my party – Jubilee – was in shock. Since I’m a first-time MP, who has not even been in office for a month, most of the party leadership did not even know me.
Yet, here I was igniting fires that threatened to alienate our supporters in Nyanza, fires that were being blamed on the party, without telling them! Here I stand chastised.
I genuinely never saw the possibility that an individual petition against Maraga – who had himself stated very firmly that he was not in office as a Kisii – would end up being spun as an attack against the Kisii community.
So I really hope that Chief Justice Maraga and the JSC will come to my rescue.
Since Maraga was so furious at the suggestion that he is in office as a Kisii, I hope they will do another set of scathing statements against those defending him today, as a Kisii.
If they do this, I am good. However, if they do not do this, the media must call him and the JSC out on this duplicity. What is good for the goose must be good for the gander!