MISSING IN ACTION

Maraga on BBI proposals: President shouldn't pick CJ

The CJ appears to have made good his threat to boycott key state functions.

In Summary

•The BBI report also proposes that the JSC send three times the number of names as the position to be filled to the President to pick a candidate.

Chief Justice David Maraga
Chief Justice David Maraga
Image: FILE

Chief Justice David Maraga has given his opinion on the BBI recommendations concerning the Judiciary, stating the President should not be the one to pick the CJ or judges.

He said by the President having the names of three individuals forwarded for his to shortlist, judicial officers will be at his mercy, compromising the independence of the judiciary and taking it back to the 'old system'.

In a multiple-page document he uploaded on Twitter on Thursday, Maraga said, "By therefore opening a window for the President, even in a small way, to decide which nominees to appoint and which ones to reject, would be a relapse to the old system which was overwhelminghly discarded by Kenyans."

The BBI report also proposes that the JSC send three times the number of names as the position to be filled to the President to pick a candidate.

"This means the JSC would even in cases where it is not satisfied that certain applicants have met the threshold still be compelled to submit their names," Maraga said.

The CJ was conspicuously missing at Building Bridges Initiative launch the Bomas of Kenya last year in November.

Maraga had threatened to boycott key state functions in what he termed as lack of respect for his office.

On November 4,  Maraga vowed not to attend some state functions unless the government started treating him and the Judiciary with respect.

"Unless I am treated with the respect I deserve, I will choose state functions to attend," CJ David Maraga said during a press conference.

"The CJ is not accorded the respect accorded to his office.. CSs and PSs are cleared to enter in places before the Chief Justice." 


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