• Maraga says the delay in appointing Court of Appeal judges, abrupt budget cut and sabotage of his work hamper their efforts to deliver justice.
• Uhuru says the independence of the Judiciary is not an end in itself but for public interest.
Image: FILE
President Uhuru Kenyatta has promised to pursue judges, prosecutors, advocates and government officials who helped frustrate the Akasha brothers' drug cases.
The head of state, who attended the state of Judiciary report launch at the Supreme Court, said his administration will seek the help of international organisations to go after the enablers of drug-trafficking.
The Akasha brothers — Baktash and Ibrahim — were charged in Kenya with drug trafficking, but their trial never took off in courts on account of delays and a series of adjournments. The government handed them over to the US where, inside one year, they were both found guilty and sentenced to lengthy prison terms — Baktash 23 years after pleading guilty to drug trafficking and Ibrahim 25 years.
Chief Justice David Maraga admitted that the case continues to be an eyesore for the third arm of government, but that numerous players, including some from the executive, were involved in thwarting it.
"The Akasha case is a shame to the Judiciary. It is one case that embarrasses all of us every day," Maraga said.
"But I'm sure you have the reports on how these things were done. It did not just involve the Judiciary, but also other arms."
Uhuru said the case continues to bring shame to the nation as Kenyans keep comparing "what happened to the United States and in Kenya why there is such a distance in the results we deliver".
Admonishing the judges to play their part in the vicious anti-corruption war, the President said it was unfortunate that the Judiciary was pandering to the interest of corrupt networks, some of which rose higher up to the bench.
"This case is testimony enough of how cartels were able to use gatekeepers in the executive, in various other arms of government and the Judiciary to sustain a criminal enterprise that led to direct suffering and deaths of Kenyans," he said.
"I want to say that we will continue working with our foreign counterparts using the mutual legal and the necessary protocols to ensure that all those who shielded the drug dealers and killers as has come out are brought to justice."
Spoilt party
Earlier, the hopeful mood for the release of the report got jolted after squabbles, complaints and countercomplaints between the President and the Chief Justice. Maraga and Judiciary chief registrar Anne Amadi started off by demanding more money and budget independence from the executive.
Amadi said the Judiciary's money would run dry by June, adding that its overreliance on donor support was affecting its work. Maraga asserted that the executive was engaging with them in bad faith, even restricting their access to IFMIS whenever an adverse ruling was rendered against it.
"Our budgets were abruptly cut in December without any consultation, creating a lot of pain. When I tried making phone calls to your junior officers, no one received it," he said.
"By the nature of our work, we are bound to have friction in our relationship. Sometimes we make a decision in your favour. But whenever we make them in your disfavour, some of your junior officers even restrict our access to IFMIS."
He added, "We need respect... mutual respect so we work together."
The CJ also complained about the delay in appointing Court of Appeal judges by the President, saying the inaction has caused a massive shortage in the courts.
Maraga now wants the Judiciary to be given 2.5 per cent of the budget and the money released immediately to the Judiciary Fund to secure its independence.
But Uhuru required the Judiciary to use its independence in the interest of the public and adopt extreme austerity measures. "We don't grow money on trees. It is generated through taxes and what we have is what we share," he said.