Many of us looked with bewilderment to see retired Chief Justice David Maraga sandwiched at the counsel table with lawyers appearing in the case the government of President William Ruto brought against software developer Rose Njeri.
Her lawyers say the case of violating the Cybercrimes Act is baseless and a violation of free speech.
While there is nothing new about a government bringing a baseless case or trumped-up charges against someone State House operatives don’t like, it is unheard of to see a retired Chief Justice of any country crammed at the counsel table with other lawyers to defend a case any junior lawyer fresh out of law school can defend.
Maraga rose through the Judiciary to become Chief Justice and President of the Supreme Court where, barring the unknown, he will be remembered for having presided over the court that annulled the first election of 2017.
Maraga also enjoys the luxury of being known to be incorruptible but his actions of late are starting to call into question all that, especially his judgement.
When on March 27, Maraga announced he had been asked by “Gen-Z” to seek the presidency, those who know him very well said both privately and publicly that “clean as cotton” he well may be, however, he lacks everything else that would make him a serious presidential candidate.
That assessment is not from someone with an ax to grind against the former Chief Justice but a view broadly shared across the board and from all corners.
It is also a sentiment shared by members of the Judiciary.
At least one member of that arm of government, and a Maraga friend, told me that having known and served with him for a long time, he told Maraga to his face to disabuse himself of the notion that he could be a serious presidential contender.
To his credit, when Maraga announced that he was considering vying for the presidency, he said he was merely exploring the possibility and when the time came, he would let it be known whether or not he would, in fact, vie.
That time should be now.
Former Super Cabinet Secretary Fred Matiang’i had a rousing homecoming in Kisii on Monday, May 2.
If Maraga had any dwindling prospects of emerging as a serious presidential contender from within Omgusii community, those prospects were completely shattered by the overwhelming Gusii support for Matiang’i in that record-breaking homecoming rally.
Objectively, someone else in Maraga’s shoes would have bowed out and thrown his support fully behind Matiang’i, as nearly all Gusii have done. Yes, there are a few resisters who either don’t want their eating with the Ruto government disturbed or who harbour petty, personal reasons that in the end wouldn’t matter as Matiang’i will overwhelmingly carry both Kisii and Nyamira counties.
Maraga has not bowed out, however, and instead continues to act as though he has a chance to reverse the increasing popularity of Matiang’i as the preferred candidate.
That’s just a pipe dream.
It also explains why Maraga is doing things he otherwise would not be caught dead doing, such as cramming himself in a courtroom before a magistrate.
It would be bad enough if Maraga appeared before the Court of Appeal, but to appear before a lower-level magistrate and make arguments in a hearing any junior lawyer could successfully make is an embarrassment and it undermines Maraga’s stature as a former Chief Justice.
This reminds many people of the time in February 2019, when Maraga showed up at Suneka airport when President Uhuru Kenyatta was visiting Kisii and wanted to ride in the presidential motorcade to the stadium rally venue. Years later, he even wanted to join President Ruto in his limousine to stand and wave at crowds lining the way, only to be told ‘no.’
That and what Maraga did when he appeared before a magistrate demonstrate not only political deafness, it also undermines and adversely impacts the Judiciary.
Maraga should end his moribund presidential quest, it is the right thing to do, and unless he wants to explain the actions that nobody understands, except the former CJ and whoever is behind him. All one can say is that this is an exercise in futility, and a sad one indeed.
The US-based writer is a political commentator
