- The Civil Society Reference Group warns Uhuru that his continued interference with other arms of government risks ruining his legacy.
- Narc leader Karua says the President should come clear on why he has declined to appoint new judges.
Image: EZEKIEL AMING'A
The Jubilee coalition leadership in the Senate has called for an end to the bad blood between the Executive and the Judiciary.
Majority leader Samuel Poghisio and Majority whip Irungu Kang'ata further expressed hope that the issues raised by Chief Justice David Maraga are being addressed by the President.
“We have all heard about what the Chief Justice has said. We are hoping the matter is being dealt with decisively by the Executive,” Poghisio said.
The West Pokot senator spoke at the Supreme Court after paying a courtesy call on the Chief Justice at his office. He was accompanied by Kang’ata (Murang'a).
Maraga said he discussed areas of collaboration between the Senate and the Judiciary with the two lawmakers.
“It was a courtesy call and we discussed how we could work together as a team,” he said without giving details.
The meeting took place as the Civil Society Reference Group (CSRG) warned President Kenyatta that his continued interference with other arms of government risks ruining his legacy.
In a statement, CSRG presiding convener Suba Churchill noted that Kenya is currently bidding for non-permanent membership to the United Nations Security Council and the attempt to muzzle the Judiciary will not augur well.
“The CSRG also wishes to remind the President that his continued fight with the Judiciary puts at risk his legacy as he serves his second and last term as the President of the Republic of Kenya, more so at this point in time when the country is bidding for a membership position in the Security Council of the United Nations,” he said.
Maraga recently hit out at Uhuru for refusing to appoint 41 judges nominated by the Judicial Service Commission, saying the matter had contributed to the backlog of cases experienced in the country.
Narc Kenya leader Martha Karua also criticised Uhuru for declining to appoint the judges. She demanded that the President come clear on his inaction.
“Lay it on the table and face them in your consultative meetings, not by mudslinging. We need leadership,” she said.
The President has indicated that he could not approve the list of judges sent to him by the commission as they have integrity issues.
Karua further urged the Executive to cultivate a good working relationship with the other arms of government.
“There can be no government without the Judiciary and the Legislature. So learn to live with each other. The Executive, being first among equals, bears the greatest responsibility to ensure all three arms function,” she said.
Churchill took a swipe at Attorney General Paul Kihara, accusing him of misadvising the President. He claimed that the reason the AG is blasting the Judiciary is that he failed to clinch the position of the Chief Justice.
Churchill called on Maraga to ignore the AG and focus instead on delivering justice. He emphasised that the Judiciary is an independent arm of government that does not take instructions from another arm.
He also said the majority of Kenyans back Maraga’s efforts to protect and defend the judicial system from willful meddling and frustration by the Executive.
“In particular, the CSRG calls on the Chief Justice to ignore the shrill and distractive voice of Attorney General Justice Kihara Kariuki whose ties to and defence of the Executive are informed by sour grapes after he lost in his bid to become the Chief Justice,” he said.
“But it now seems that Justice Kihara Kariuki has adopted an astoundingly narrow view of the mandate of his office to enable him to pursue personal vendetta and settle scores for failing to become the Chief Justice by siding with one arm of government, and conveniently forgetting that as a member of the Judicial Service Commission, he was part and parcel of the decision to nominate the 41 individuals earmarked for appointment as judges or promotion to superior courts."
Churchill said the AG “has completely misinterpreted the role of his office as established under Article 156 of the Constitution”.
“He should be reminded that he is the principal legal advisor to the government that has three arms — the Legislature, the Executive and the Judiciary. It is for this reason that the holder of the Office of the Attorney General has always been an ex-officio Member of Parliament, the Cabinet and the Judicial Service Commission to offer sound legal advice to various arms and departments of government for harmony in the discharge of their respective mandates.”
He said civil society supports the decision taken by the Law Society of Kenya to remove the AG from the Roll of Advocates.
(Edited by F'Orieny)