Maraga blames Uhuru’s delayed swearing of judges

Chief Justice David Maraga and his deputy flanked with other JSC members. Maraga has blamed the backlog in cases on delayed swearing in of judges PHOTO/ MICHAEL Mbugua

Chief Justice David Maraga has blamed President Uhuru Kenyatta of refusing to swear in 41 judges in the country.

In a press conference in Nairobi, Maraga said that failure by the president to undertake such cardinal functions has contributed to the massive backlog of cases rocking the justice system currently.

He complained that he has not been successful in securing an appointment with the president to discuss the matter.

“You know I have respect for you as our President, you also know that I have unsuccessfully sought an appointment with you to sort out these issues but it has been futile leaving me with no option but to make this public,” Maraga said.

He faulted the government and top government officials who disregard court orders warning that such tendencies set a bad precedence. 

He also urged the president to direct the AG to begin the process of satisfying the decrees issued by the courts.

“The President’s disregard of court orders doesn’t bode well for our constitutional democracy and is potentially a recipe for anarchy,” Maraga said.

“I must remind you that you swore to defend the constitution and the laws of Kenya. The laws include court orders.”He added 

He insisted that the government must be at the forefront of obeying court orders.

The Law Society of Kenya had threatened to take legal action against the President and Attorney General Kihara Kariuki for not swearing in the 41 judges.

LSK president Nelson Havi said state not to swear in the judges and also not gazette lawyers at essential providers as directed by the court is unlawful.

 Havi gave  AG Kihara Kariuki a seven-day ultimatum to comply with the said orders.

“The disobedience of court orders by the state on swearing of judges and listing lawyers as essential service providers, LSK says it has decided that the decrees are complied with unreservedly within seven days or they take legal action,” Havi said